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Seven legal weapons for widows to inherit husband’s properties
In Nigeria, when a husband dies, the widow has the right to inherit his properties. This means she can get the things he owned after he passed away. It is important because it helps the widow continue her life and take care of the family. This rule is fair and helps widows have a secure future. The seven legal weapons include:
1. Statutory Marriage: If the marriage was registered under the Nigerian law, the widow has legal rights to her deceased husband’s property. Section 39 of the Matrimonial Causes Act 1970 recognises the right of a widow to inherit her husband’s property.
2. Estate Administration: The widow should apply for letters of administration or probate to legally administer the husband’s estate. This process may involve obtaining a certificate of death and providing required documentation as per the applicable laws.
3. Intestate Succession: If the husband died without leaving a will, the widow is entitled to inherit a certain portion of the estate. As per the provisions of the Administration of Estate Law, the widow usually inherits a share of the estate, alongside the children and other relatives. The specific percentage may vary based on factors like the presence of children, other heirs, etc.
4. Customary Marriage: If the marriage was conducted under customary law, the widow may have rights to inherit the husband’s property as per customary practices. These practices can vary based on cultural and regional traditions.
5. Right of Residence: Even if the property is not bequeathed to the widow, she may have the right to reside in the matrimonial home for a period. Section 17(3) of the Matrimonial Causes Act 1970 grants the surviving spouse the right to reside in the matrimonial home for her lifetime, or until she remarries.
6. Jointly Owned Property: If the property was jointly owned by the couple, the widow may automatically become the sole owner of the property after the husband’s death. However, legal advice should be sought to ascertain the exact ownership rights and any necessary legal procedures to be followed.
7. Consult a Legal Professional: It is essential for the widow to seek legal advice from a qualified lawyer who specializes in inheritance and family law. They can guide the widow through the legal processes and provide accurate interpretation and application of the relevant sections of Nigerian law.