In the absence of a will, a once-close family could disintegrate and descend into a violent and bitter conflict over late parents’ assets. Siblings at daggers drawn turns what should have been a grieving process into a gruesome fight for inheritance, with bloodshed marking the bitter struggle, writes GODFREY GEORGE

“While our father’s body was still in the mortuary, my younger brother started selling off all his lands,” recounted Jonah Justice, as the audience looked on in astonishment.

“Before we could grasp what was happening, some people had come to take over the family house because, according to them, he had sold it.”

Justice, 29, was a guest at a conference for firstborns organised by a non-governmental organisation, Voices of Peaceful Transfer of Assets, which champions the need for will-writing among young adults.

As a young lawyer, Justice found himself thrust into adulthood prematurely after his father passed away when he was just 22.

His younger brother, then only 19, became a source of distress and conflict in what he had hoped would be a smooth transition of their father’s assets.

With only the two of them left in the family, Jonah had anticipated that managing their father’s estate would be a cooperative and peaceful process. Instead, he was met with stiff opposition, betrayal and turmoil.

Their mother, Eunice, a retired nursing officer with the Plateau State Ministry of Health, was engulfed in grief and struggling to cope with the loss of her husband.

Yet, amid her mourning, she faced the agonising reality of watching her late husband’s possessions being taken over by unfamiliar faces.

Her son had sold the assets while they were preoccupied with the burial arrangements, thus, adding to the crushing weight of her sorrow.

“Since my husband died in 2018 and my son began selling off his assets, I have not seen him,” she said, her voice trembling with pain.

“It’s been a harrowing ordeal, watching my home and my husband’s legacy dissolve before my eyes.”

Eunice recalled a particularly brutal incident when her eldest son, Jonah, confronted his younger brother.

In response, the younger son hired thugs to assault Jonah.

“If you look closely at his head, you’ll see a deep machete scar. He came perilously close to losing his life,” she added, tears welling in her eyes.

Eunice expressed her bewilderment at her son’s drastic change, lamenting, “My husband and I raised him with love and taught him the ways of God,” she lamented.

“He was a bright student, who had just been admitted to study Biology Education at the Federal University, Lafia, Nasarawa State. We were still based in Abuja and had not yet relocated to Lagos. Yet, somehow, he transformed into someone completely unrecognisable.”

Eunice’s anguish was palpable as she reflected on the shattered dreams and fractured family bonds that emerged from a period of profound loss.

Her son, according to her, left home in 2018, leaving her to battle the people he had sold the property to.

Eunice added that his actions left an indelible mark on their lives, turning a time of mourning into a relentless cycle of betrayal and despair.

“Whenever I remember my husband’s memory, it is tainted by the thoughts and images of my two sons battling over his property. That is so unfair,” the 71-year-old woman said.

Niger man kills brother over property

Jonah’s experience might pale into insignificance when similar cases that turned into a bloodbath are cited.

In March 2024, in what could be described as a tragic turn of events in Niger State, a man, Abubakar Sani, was accused of fatally attacking his elder brother, Kabiru, over a property dispute.

The brothers, who hail from the Tafa Local Government Area, but reside in Gawu Babangida, a community in the Gurara Local Government Area, were known to have shared a very close bond.

However, a heated argument over the ownership of a property on Sunday escalated into violence, leading to a heartbreaking tragedy.

According to witnesses, the confrontation reached a violent crescendo when Abubakar, in a moment of unrestrained fury, struck Kabiru with a large stick.

The assault, the peak of long-standing tensions and threats that Abubakar had reportedly directed at his family, resulted in a grievous injury.

Kabiru, 34, was left unconscious by the blow and was rushed to the Federal Medical Centre in Gawu. He was pronounced dead on arrival by medical personnel.

The Incident, which sent shockwaves through the community, left members of the family grappling with the loss and a devastating rift that might never be mended.

When Sunday PUNCH reached out for comment, the State Police Spokesman, Wasiu Abiodun, confirmed the arrest of Abubakar Sani, aged 30, noting that the investigation was still ongoing.

29-year-old beaten to death over property

Tuesday, April 13, 2021, remains a day 24-year-old Chinaza Azuatalam will forever remember with a heavy heart.

It was on this day that her 29-year-old husband, Chinonso, a hardworking welder, lost his life under the most tragic and violent circumstances.

He had begun the day like any other, enjoying a meal with his wife and two daughters, Munachi and Amara, aged three and one, respectively.

Unaware that the day would end in the most horrifying way, he set off for his workshop in Okuku, Owerri West LGA of Imo State.

Minutes after arriving at his workshop, Chinonso received a distress call.

His sister, Chioma, a serving policewoman, was allegedly attacking his pregnant wife and causing chaos in his house.

The welder, alarmed and determined to protect his family, rushed home.

What he found upon arrival was utter chaos. Villagers were trying to intervene as Chioma, filled with fury, was physically assaulting a heavily pregnant Chinaza.

In a desperate bid to resolve the situation, Chinonso began to protest against his sister’s actions.

However, Chioma, leveraging her position and connections, called on three of their siblings to join her.

Recalling what transpired from her hospital bed, Chinaza, in a strained voice laced with anguish recounted the grim details of the confrontation.

According to her, when Chioma’s brothers—Chibuzor, and twins, Meshach and Shedrack—arrived at the scene, the situation became deadly.

She noted that the siblings viciously attacked Chinonso and struck him with a large stick, causing him to collapse.

Chibuzor, who all the while wielded a machete, delivered a deep cut to Chinonso’s forehead.

Despite the villagers’ efforts to assist, Chinonso lost consciousness and was pronounced dead before reaching the hospital in Umuguma.

Heartbroken and still reeling from the reality of her loss, Chinaza said, “I married Chinonso in 2017. He was the breadwinner of our family and the father of our two daughters. I am seven months pregnant, and the pain of losing him, especially in such a violent manner, feels unbearable. It seems like my world has come to a halt.”

Chinaza revealed that her husband had been entangled in ongoing disputes with his siblings over inheritance issues.

She alleged that the family’s assets were being contested and Chinonso felt unjustly deprived as the first son.

This discord, she believes, ultimately led to his tragic death.

“My husband’s maternal uncles had advised him to let his younger brother continue using their late father’s shop and to accept a less favourable share of the inheritance. My husband refused to compromise, and this conflict escalated into violence,” she added.

Chinaza claimed she faced derogatory remarks from her mother-in-law and was mocked for not bearing a male child.

She lamented, “They wanted to get rid of my husband and succeeded. My sister-in-law had always threatened, boasting that nothing would happen to her even if she harmed us.”

Chinaza’s plea for justice is desperate, and she tearfully says, “I want my husband back. I am a housewife, and he provided for us. Now, I don’t know how I will support our children or care for the baby I’m expecting. I need the government’s help. I want justice for my husband and support for my children.”

The grief-stricken widow has also rejected the idea of staying with her late husband’s family, fearing for her safety.

The deceased’s uncle, Amadi Azuatalam, echoed the family’s turmoil, revealing that the property dispute had been a source of strife.

“The family has been plagued by trouble since the death of my brother in 2019. It’s deeply painful to see this violence escalate to such an extreme,” he said.

A community leader, Martin Daniel, expressed sorrow over the incident and reassured that the community was committed to working with authorities to restore order.

“The situation is regrettable. We are collaborating with the police to ensure no further breakdown of law and order,” he stated.

Meanwhile, the state police spokesman, Orlando Ikeokwu, said two suspects, including the policewoman, had been arrested.

Daughters kill father over property

In February 2021, two sisters in Enugu were sentenced to death by the High Court in Asaba for orchestrating the brutal murder of their parents in a bid to take over assets.

The case, whichh captivated public attention, highlighted the depths of greed and familial betrayal.

According to reports, their motive was driven by a desire to seize control of the family’s wealth and live a life of luxury, which they felt was unjustly denied them.

In another shocking revelation the same year from the Chanchaga area of Minna, Niger State, Abubakar Buba, 25, confessed to the gruesome murder of his father, Mohammed Buba, aged 52.

The young man’s motive was chillingly straightforward—he sought to inherit his father’s property and paid N100,000 to Aliyu Muhammed, 26, to kill him.

The murder of Mohammed, many said, is a stark reminder of how familial bonds could be shattered by avarice and the pursuit of wealth.

The need for wills

Speaking on the need for wills, a senior lawyer, Mrs Titilola Akinlawon, during a public lecture at the St. Agnes Catholic Church, Maryland, Lagos, and Catholic Lawyers Association, said death is inevitable and that steps should be taken to ensure that a will is penned down.

Speaking on the title, ‘Speaking From the Grave’, she queried, “What then happens to all the assets we have laboured tirelessly to acquire over the years? Who inherits the said assets? Would it be your spouse and children, as is basically the desire of most people? Or would it be your other close relatives e.g, your siblings, that would take all your assets to the detriment of your beloved spouse and your treasured children? Or even worse still, would it be the distant relatives who did not “encourage or assist you in any way” while you were labouring to acquire these assets?”

Speaking further, she said, “You can decide to speak from the grave as to who inherits your hard-earned assets and who takes care of your beloved children. You just might be able to control what happens after you, by speaking from the grave.”

Why it is important

The SAN noted that it was most important to speak from the grave to make dispositions of one’s assets to take effect on or after death.

“The testator has the liberty to dispose of his property in the way he likes and no one can modify his will.

“In the case of Igboidu Vs Igboidu 1999 1 NWLR (Pt 585) 27, the Court of Appeal held that a testator’s wishes must prevail.

“A will should be allowed to speak in the way made and must not be modified by anyone or Court to suit an imaginary intention of the testator

“It is also important to speak from the grave so as to enable the deceased to appoint executors or other persons who he believes are competent to manage his assets.

“Speaking from the grave would also enable the deceased to appoint a guardian(s) for his children who are minors.

“This would also enable the deceased to appoint a reliable person to exercise all the powers of the deceased.

“The deceased would be able to revoke or alter the way he wants his assets or children to be dealt with,” she said.

Understanding wills and their legal framework

A will is a crucial legal document that specifies how a person’s property should be distributed after their death.

According to Osborn’s Concise Law Dictionary, a will is a “disposition by which the person making it provides for the distribution or administration of his property after his death.”

It Is revocable, meaning the testator (person making the will) can change or cancel the will at any time before their death.

A will can also be described as a declaration made in compliance with statutory formalities, outlining how the testator wants their affairs handled upon or after their death.

Essentially, a will is a formal expression of intent regarding the distribution of property and is only effective upon the testator’s death. Until then, it remains a declaration of intention and is subject to change or revocation.

Historically, the concept of wills in England can be traced back to the period following the Norman Conquest of 1066.

During this time, individuals were granted the power to dispose of their property through wills.

When Nigeria was a British colony, it adopted many English legal principles, including those related to wills.

The integration of English law into Nigerian legal practice began with various ordinances, starting with Ordinance No. 3 of 1863.

According to Section 32 of the Interpretation Act 1964, Nigerian law incorporated English Common Law, doctrines of Equity, and statutes of general application that were in force in England as of January 1, 1900.

This included the Wills Act of 1837, which governs the distribution of estates in Nigeria.

In Nigeria, several statutes regulate the creation and administration of wills. The Wills Act of 1837 applies to the northern and some eastern states, while the Wills Amendment Act of 1852 extends to parts of the western states.

The Wills Laws of the Western Region 1958 cover the former Western Region, including Edo and Delta States.

The Wills Law Cap W2 of Lagos State 2004 governs Lagos State, and the Armed Forces Act No. 105 of 1993 addresses the wills of military personnel.

Additionally, the High Court of Lagos State (Civil Procedure) Rules (2004) provide procedural guidelines.

Another legal practitioner, Mr Kelechi Uzoma, noted that a will has two fundamental characteristics.

“First, it is ambulatory, meaning it only takes effect upon the death of the testator. Property disposed of before death cannot be affected by the will, though property acquired after the will’s creation can be included in its terms.

“Second, a will is always revocable, meaning the testator can alter or revoke it at any time before death, provided they follow the appropriate legal procedures,” he said.

Generally, Uzoma noted, anyone can make a will, but there are specific exceptions. Infants or children cannot make a valid will, as they are deemed to lack the capacity to enter into contracts.

“However, minors in military service may be able to make a privileged will. Persons of unsound mind also cannot create a valid will. The testator must possess a sound mind and memory to understand the nature of the act.

A will made during a lucid moment before becoming mentally incapacitated remains valid, and there is a presumption of sanity at the time of the will’s creation.

“Blind or illiterate individuals can make a valid will, but additional care must be taken to ensure that the will is executed correctly.

“For illiterate persons, the will must be read and explained to them in a language they understand before they affix their thumb impression in the presence of witnesses. For blind individuals, the execution of the will must be handled carefully to prevent fraud.

“A will is also invalid if it is made under fraud or coercion,” he said.

Historically, according to several reports, married women have limited testamentary capacity under Section 8 of the Wills Act of 1837.

However, this has been changed by subsequent statutes, such as the Married Women Property Act 1882 and the Married Women Property Act 1893.

These statutes, along with modern laws like the Wills Law of 1958 and Lagos State’s Wills Law, have removed restrictions on the testamentary capacity of married women.

Privileged wills are exceptions to the standard requirements for capacity and form.

The Armed Forces Act Cap (A20), for instance, allows military personnel to make valid wills with less formality.

Similarly, certain provisions in the Wills Law applicable in Lagos, Ogun, Oyo, Osun, Ondo, Ekiti, Edo, and Delta States permit soldiers and sailors to make wills under less stringent requirements.

Dying without a will

When a person dies without a will, known as dying intestate, the senior lawyer, Akinlawon, noted that the distribution of their estate depend on their marital status and applicable laws.

“Under statutory law, such as the Administration of Estates Law in Lagos, the estate is distributed based on specific rules.

“For instance, if a deceased person leaves a spouse and children, the spouse receives personal chattels and a portion of the real estate, with the remainder going to the children. If there are no children, the spouse receives a larger share of the estate.

“In contrast, customary law governs the distribution of estates in accordance with local traditions. For example, under Yoruba customary law, the estate typically passes to the male relatives of the deceased.

“In Benin customary law, the eldest son inherits the deceased’s property, while the wife may be left with nothing. In Igbo land, the eldest son inherits the property, with other relatives acting as trustees if there are no children.

“For those married under customary law, the distribution of the estate often favours male relatives, and the widow may not inherit any property.

“In Northern Nigeria, indigenous native laws and Islamic law influence the distribution of the estate. Under Islamic law, the estate should primarily support those whom the deceased was obliged to support during their lifetime,” she said.

Why Nigerians are reluctant to write wills

A professor of sociology at the University of Port Harcourt, River State, Ikechukwu Ifeanacho, said the reluctance of many Nigerians to draft a will before their death is influenced by a complex interplay of sociological and psychological factors that reflect deep-seated cultural values and personal fears.

“Culturally, discussing death or planning for it is often considered taboo in Nigeria. The widespread belief that speaking about death might invite misfortune or hasten one’s demise deters many from addressing their mortality through legal means like writing a will.

“This perception of tempting fate contributes significantly to the avoidance of will-making. Additionally, religious beliefs play a pivotal role. In some deeply religious communities, there is a view that preparing a will signals a lack of faith in divine provision. Many believe that entrusting their family’s well-being to God is sufficient and that planning for inheritance might undermine their trust in divine care,” he said.

A senior lecturer at the Department of Political Science, University of Nigeria, Nsukka, Enugu, Dr Ugwueze Ikechukwu, noted that family dynamics in Nigeria further complicate the issue of will writing.

He said, “Nigerian society is characterised by extended family networks where property and wealth are often shared among a broad family circle.

“This communal approach can make individuals hesitant to formalise their wishes through a will, as it may disrupt existing family harmony or expectations.

“In traditional patriarchal societies, male heads of households may also avoid creating a will to retain control over family assets until their death. They might believe that making a will could undermine their authority or lead to conflict among potential heirs, thus maintaining the status quo,” he said.

He also noted that the lack of legal awareness is another significant barrier.

The lecturer further said psychologically, the fear of confronting mortality plays a crucial role.

Another senior lecturer, Department of Psychology, UNN, Enugu, Dr Johnbosco Chukwuorji, noted that many individuals struggle with accepting their own death, and creating a will forces them to confront the uncomfortable reality.

He said, “This denial or avoidance of death often results in procrastination or outright avoidance of will preparation. Emotional distress and fear of causing family conflict also contribute to the reluctance.

“The process of writing a will might lead to disputes among family members, especially if the distribution of assets is seen as unfair.”

He added that the perceived futility of creating a will can also be a factor.

Some individuals, according to him, may view writing a will as unnecessary, believing that their death is a distant concern.

“This sense of urgency to address the matter later often leads to procrastination,” he added. (Sunday PUNCH)

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