Roofless Mansion: An Analysis of the Intestate Succession Rights of Women in Nigeria

Abstract

This paper examines the intestate succession laws applicable to women in Nigeria. It establishes the existence of a legal framework for intestate succession, with judicial interpretations geared towards the protection of succession rights in intestate situations. It however shows how women are disadvantaged by existing national laws: the Constitution that guarantees the right to own property and freedom from discrimination but is couched in gender insensitive tenses; the Evidence Act that requires proof of custom that is already biased against women; and the Land Use Act that is inexplicit on the actual law to be considered when determining an intestate property. Further, it shows the inadequacies of the Marriage Act, the Matrimonial Causes Act, and the Violence Against Persons Prohibition Act in addressing intestate succession rights of women. In response, this paper argues that inheritance is a form of property ownership and so if the Constitution allows for the right to own property without discrimination, such right without fail, accrues to inheritance of property. Where succession laws are couched in gender insensitive words or biases against women therefore, it becomes difficult for women to actually inherit property in intestate situations. Ultimately, the paper posits that the existence of a legal framework on intestacy bereft of explicit provisions that guarantee intestate succession rights of women can be likened to a roofless mansion that continues to deteriorate under the watch of ignorant or negligent owners. The paper calls for a gender sensitive Constitution and more inclusive laws that promote women’s agency while contributing to nation building.

KEYWORDS: Intestate, Women, Inheritance, Hardship

DOI: 10.7176/JLPG/149-07

Publication date: September 30^th 2025