THE CHRISTIAN HOME AND THE LAW

by Ven Dr I. U. Ibeme http://priscaquila.6te.net ; http://www.scribd.com/ifeogo ;

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Comment on The Chapel of Grace Blog: http://thechapelofgrace.wordpress.com

CHRISTIAN FAMILY INHERITANCE AND

SUCCESSION
From antiquity, cultures and societies have always preserved estates for the clan/family at the
expense of the individual heritage. In many cases even alienated estate is redeemed back or
inevitably restored at the termination of a lease period. While men are used to preserve
family/clan lineage and so inherit the family estate, the women are used to breed across
clans/families and so have to share in the heritage of their husbands. Thus, the men serve local
patrilineal and defence purpose for the clan, while women serve wider interlineal and conciliatory
purpose for the race. With the custody or trusteeship of clan/family estate on the men, they gain
material advantage over the women. After the Family was expelled from its first Edenic Home cum
Sanctuary, mundane traditions began to corrupt marriage without regard for original divine
institution. Christ spoke against these extra-Edenic departures from the Edenic foundations in
Matthew 19:8. Subsequent erroneous demand for bride price as a payment rather than as a
present by parents, the perversion of polygamy by men, and the fear of women engaging in black-
widow racketeering have led cultures and customs to misconstrue and misplace wives as
components of, rather than as co-possessors of their husbands’ estates. The Church by Christ’s
corrective doctrine of marriage (Matt 19:1-12; Mark 10:1-12) restored wives as monogamous co-
possessors with their husbands through the Wedding Ring.

BIBLICAL AND HISTORICAL BACKGROUND

There are misconceived insinuations by some adherents of anti-Biblical ideologies/religions and
accusation by anti-Christian movements (who associate the Church with mundane socio-cultural
practices or legalities obtainable in the Greco-Roman empire, especially when Christian and Jewish
influence became dominant). On the contrary, the Bible neither commanded nor indicated that
women should not inherit estate or possess their own property. Instead, earning money to acquire
property was deemed virtuous for women (Prov 31:16), while endowing daughters with estates as
dowry was practiced, even after marriage (Josh 15:16-19).

When the question about women inheritance arose in the case of Zelophehad’s daughters whose
father had no son (Num 27:1-11), the Bible endorsed daughter’s right of heritage similar to those
of the sons, in the absence of a male offspring (Josh 17:3-6; Job 42:15). In absence of any offspring,
the inheritance goes to the kindred in degrees (Num 27:8-11). Except for the firstborn who inherits
a double portion (Deu 21:15-17), inheritance is shared by lots among all other offspring heirs (Num
26:53-56; 33:54; 36:2). Both testamentary and nuncupative Wills may overrule the heritage lots
(Gen 48:21-22; Josh 17:14-17; 1Chr 5:2; Eze 47:13) and even the heritage right of the firstborn and
bestow such to the chosen or preferred son especially for succession in covenant office (Gen 21:9-
13; 1Kin 2:12-17). Through faith and by grace, the New Testament Gospel mystery grants to all
male and female Church SAINTS alike, the intimacy and security of the BRIDE Church and the
CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 1
authority to also be the SON Church that will co-inherit the Kingdom of God together with the
GROOM-SON Christ (John 1:12; Rom 4:13-16; 8:14-17; Eph 5:25-32; Rev 19:7-8).

In order to avoid inheriting from multiple lineages and heritage transfer from one patrilineal
province to the other, women’s right of heritage is foreclosed or forfeited to their siblings or
offspring when daughters have to marry (or widows choose to remarry) outside their clan of prior
heritage (Num 36:1-13). Even when men alienate or mortgage their estates, they must do so on
lease such that the estates must be restored to their original clan in the year of Jubilee (Lev 25:10,
23-28). Jubilee release of property does not apply to metropolitan estates that are non-clan
heritages (Lev 25:29-30).

Christ’s response to earthly estate inheritance was that, shamelessly craving and striving to
inherit the estates of dead persons is both foolish and covetous (Luk 12:13-21). Christians should
rather work to earn or walk to be rewarded with their own possession (Psa 37:22-34; 1Cor 4:12;
2Thes 3:8-12), though seeking reward and heritage in God’s Kingdom comes first (Matt 6:30-34). In
Christian marriage, as a father does not vie with his children for a share of his heritage but holds it
in trust for them till they reach adulthood or till his death, so does a mother co-hold her husband’s
estate in trust for her children till their adulthood or till her death or remarriage. Within the
prevailing ambits of Nigerian succession laws (also obtainable in other nations of the
Commonwealth) as subscribed to by the Church, the securities conferred on the widow over her
deceased husband’s estate is “possessory but not proprietary”. Therefore, she should not alienate
or dispose of it without consent of her deceased husband’s family. Even men do not dispose of
inherited family property without consulting the other family members. Heritage is a trust not a
purchase. Full private proprietary and disposal rights usually apply to personally acquired non-clan
property.

THE WEDDING RING

The Wedding Ring with its endowment and Christian inheritance laws guarantee that a widow is
not divested of all her husband’s estate as long as she lives, except she remarries or her deceased
husband left a legal succession testament (in the form of a valid Will or Codicil) to the contrary.
This is clearly evident from the ancient Church’s traditional words for giving the ring. The giving of
the Bride removes her from her father’s heritage except for her dower. The transfer of heritage
security (somewhat similar to Germanic mund or Romanic manus) through the endowment ring
bond (Anglo-Saxon wed) ensures that no one has multiple heritage lineages. This demands the
prior settlement and fulfilment of basic communal, civil, and legal requirements. More details on
the import of the Church Wedding Ring is available at
http://www.scribd.com/doc/57063497/The-Wedding-Ring

Unlike the Engagement Ring given before marriage as a token of love, the Church rightly uses the
Wedding Ring as the legal Seal of Guarantee or token of co-heritage to endow the wife and
guarantee her right of heritage in her husband’s estate. This is similar to the indwelling Holy Spirit
Who is the Seal that guarantees the believer’s right of inheritance in Christ and assures him/her
that s/he will eventually possess the Kingdom as joint-heir with Christ (Rom 8:15-17; 2Cor 1:21-22;
Eph 1:13-14). Gospel Salvation is not only by Christ’s Blood but also by the Holy Spirit (1Pet 1:2;
1John 5:6-8); it is not only propitiation (atonement) for remission but also adoption by
CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 2
regeneration (John 1:12-13; Rom 8:23). The Christian Faith portrays the Church as the Bride of
Christ which also has full rights of joint-inheritance with Christ as Sons with Christ (John 1:12; Rom
8:14-17; Eph 5:25-32; Rev 19:7-8). So, every Christian wife should also be co-heir with her
Christian husband. Again, whether we are male or female the indwelling of the Holy Spirit confers
on us the adoption right of sonship (Gal 4:5; Eph 1:5), so all wives and offspring (males and
females) in the Church should all be heirs like sons. When giving the wedding ring to the bride,
the groom both endows her and sureties her heritage rights with these words:

I give you this ring

as a sign of our marriage.
With my body I honour you,
all that I am I give to you,
and all that I have I share with you:
in the name of the Father,
and of the Son,
and of the Holy Spirit. Amen.

May the will of God be done on earth as it is done in heaven (Mat 6:10).

MARRIAGE LAWS IN GRECO-ROMAN EMPIRE

Though Hellenist culture did not give women much heritage right, but Roman law guaranteed
much freedom and right to women under their informal plebeian civil dissoluble “Usus” marriage
law (legal contract of mutual consent for shared non-ownership use and enjoyment without bride
or groom price). Such rights and freedom were however curtailed under the formal traditional
dissoluble “Coemptio” marriage law (contracted with groom-access price without sacrifice).
Women rights were most curtailed in the patrician religious indissoluble “Confarraetio” marriage
rite (sealed with bride-ownership price and ritual sacrifice). The prevalence of plebeian “Usus”
marriage institution in the Roman Empire made it easy for the Church to accord Christian women
their due rights and freedom without much social difficulty. Church’s indissoluble but yet Usus-like
marriage conformed to the Scriptural right of co-heritage (not merely right of use) by the wife in
her husband’s estate while she relinquished her father’s heritage. However other non-Romish local
cultures within the Roman Empire had no Usus-like practices that gave women due Christian
privileges.

TYPES OF INHERITANCE SUCCESSIONS

There are four types of inheritance that apply in Nigeria:
(1) Statutory (Intestate),
(2) Testamentary,
(3) Customary and
(4) Concessionary.
Intestate Inheritance devolutions depend on the type of marriage contracted (Customary
Marriage or Statutory/Ordinance Marriage) and the net value of the entire estate.
Testamentary Devolution applies fully to freehold titles that are private or personally acquired
estate, investments and endowments but does not apply fully to communally owned heritage and
such estates held as trusts.
CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 3
Concessionary Succession is done by legitimate inheritors with kind consideration for any non-
adopted and extramarital children who are testamentarily or statutorily unfavoured because they
are not legally entitled to heritage.

INTESTATE STATUTORY SUCCESSION: According to Canon and Civil Laws of succession applicable
to Christians and Christian Marriage in Nigeria (see more details below), in the case of husbands
who died intestate (without making a Will), the widow until her death or remarriage, usually
retains one third of the estate if there are legitimate descendants (male and female
children/grandchildren) and kindred (parents and siblings) or two thirds the estate if there are no
such descendants but only kindred; she retains all if there are no descendants or kindred. At the
death of both parents or remarriage of widowed mother, their property fully devolves to the
descendants and/or the kindred as the case may be. For wives who had acquired their own
fortunes and died intestate, their property shall devolve to their widowers, descendants and
kindred following the same rules of thirds as above. The rule of thirds here is such that the
widow(er) and offspring of the deceased if any, shall share two thirds while any sibling and parent
of the deceased shall share one third of the deceased’s estate.

TESTAMENTARY SUCCESSION: Being the oldest in the nuclear family, the husband should readily
and willingly plan to die first before his wife and descendants, if all things are equal. Since no one
knows when death would come, it is therefore necessary for him to ensure testamentary
succession or other forms of entrusting, bequest or bequeathal (e.g. next-of-kin and specified
titles) for the devolution of his estate early in his marriage. Wives with freehold property should
also make Wills. Death activates Wills but remarriage disannuls any pre-existing Will.

Some of the advantages (See http://oseroghoassociates.com/news/news_2003_03.shtml) of making

a Will include:
1. A Will overrules both Customary and General Law rules of inheritance and succession;
2. The Testator (Maker of the Will) can by his/her Will distribute his/her assets in the manner
desirable to him/her;
3. The Testator (Maker of the Will) can appoint the persons who would manage his/her estate
on his/her demise;
4. It saves the additional cost of applying for Letters of Administration and paying inheritance
tax(es), which are usually high and would constitute an inconvenience to one's
beneficiaries, where no Will is made;
5. It comes into effect immediately the Testator becomes deceased (Heb 9:16-17) and even
before its approval by a Court of Law.

Customary and Islamic Laws allow for oral (nuncupative) Wills, which may or may not be written,
for the disposition of part but not all of one’s estate after one’s decease.

Key information that the Testator (Maker of a Will) should state in the Will include:
1. His/her full names including his alias if any, address, occupation, telephone numbers, etc;
2. His/her proposed executors/trustees; these are usually very close associates;
3. Instructions as to burial and associated expenses;
4. Instructions as to the distribution of all his/her properties; full details of these properties
must be given;

CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 4

 5. Instructions as to what happens to properties acquired after the making of the Will;
6. Any other instructions.
Note that a Will need not be in any special form or language. In addition, a Will would be declared
invalid where it is not signed at the end, in the presence of at least two or more witnesses (not
beneficiaries) who MUST both be present at the same time and sign the Will simultaneously
after the Maker has signed in their presence. The Witnesses need not read the contents of the
Will.

A Will may become invalid where the Maker:

1. Gets married and does not make a new Will;
2. Makes a subsequent Will or Codicil; a Codicil is an addition or supplement to a Will;
3. Expressly revokes his Will;
4. Destroys or makes any kind of alteration;
5. Expressly revives a previous Will.
NOTE that Section 8 of the Wills Law discourages an attesting witness or the Wife of the Maker of
the Will or any person claiming under him, from benefiting under the Will attested to by one of
them. However, a beneficiary under secret trust, who witnesses the execution of a Will, will not
forfeit his interest as his interest dehors, i.e. outside the Will and not from the Will.

CUSTOMARY SUCCESSION: For undeveloped customary or communal lands held or inherited as

ancestral or native trust by the husband, customary or communal rules of devolution would be
expected to apply, since such heritage trusts do not confer absolute title to freely dispose. The
Yoruba polygamous customary succession is usually per stripe (idi-igi among wives) rather than per
capita (ori-jori among male and female offspring) except for monogamists. For the rest of southern
Nigeria, customary succession is mainly by the principles of primogeniture (eldest son) trusteeship
and reversion of the deceased wife’s premarital estate to her family of origin. In northern Nigeria,
the Maliki code has been absorbed more or less into customary succession, especially for Muslims.
The Probate Registries, Welfare Offices and Lawyers are best equipped with the necessary
expertise to resolve the complex rules of deposition and execution of Wills, and intricacies of
devolving intestate estates.

NIGERIAN LAW ON INHERITANCE AND SUCCESSION

The material in this section were derived from an e-document on the internet titled “LAWS AND PRACTICES RELATING TO
WOMEN’S INHERITANCE RIGHTS IN NIGERIA: AN OVERVIEW” written ca. 2002 by Joy Ezeilo, LLM (Lond) B.L. of
the Faculty of Law, University of Nigeria, Enugu Campus and now the United Nations Special Rapporteur on Trafficking in
Persons. http://www.wacolnigeria.org/lawandpractices.doc

Nigerian colonial experience left her with a plural, complex legal system made up of Nigerian
legislation, received English Common Law, Customary Law (including Islamic law) and judicial precedents
by Federal Courts and State Courts. Nigerian legislation consists of statutes and subsidiary legislation.
Statutes consist of Ordinances, Acts, Laws, Decrees and Edicts.
Being a federal state, all the three levels of government in Nigeria namely, Federal, State and Local
Government have powers to make laws. Whereas the federal law applies throughout the country, the
state law is limited to the territorial jurisdiction of the state. Each of the 36 states of Nigeria has power to
make her own laws and to apply local customs within the state legal system which may vary from one
geographical area to another within the same state.

CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 5

 The complex interaction of this multi-tiered legal structure which functions, simultaneously, in
conjunction with very significant informal social controls based on gender, ethnicity and religion affects the
status of women, particularly in marriage.
A woman’s right to property depends on the type of marriage she contracted. There are two types
of marriages that are recognized under the law: statutory marriages (which include ordinance Christian
marriages) and customary marriages (which include marriages under Islamic law). Therefore, any
discourse on women’s inheritance rights in Nigeria must be done in the light of diversity of the legal
systems that may apply.

NIGERIAN LAWS ON INHERITANCE AND SUCCESSION INCLUDES:

1. The Wills Amendment Act, 1837 and the Wills Amendment Act, 1852, regarded as statutes of
general application in ALL NIGERIA.
2. The Wills (Soldiers and Sailors) Act, 1918 which deals with the formal validity of Wills.
3. The Administration of Estate Law 1959 (the Wills Law, CAP 133, Laws of WESTERN NIGERIA).
4. The Administration and Succession (Estate of Deceased Persons) Law, 1987 applicable in
EASTERN NIGERIA particularly Anambra, Enugu and Ebonyi States (there is now Administration
of Estates Law of Abia State, 2010). The provisions of part 4 of the 1987 Edict are similar to
those in the Wills Act, 1852 and Wills Law, 1959. It is important to note that these laws apply
in respect of the spouses of a statutory marriage and their children.
5. Local Customary regulation and Islamic Codes on inheritance and Succession for marriages not
contracted in accordance with the Marriage Ordinances.

IN THE EASTERN STATES OF NIGERIA, the Administration and Succession (Estate of Deceased Persons)
Law, 1987 prescribed detailed rules of distribution of real and personal estate on intestacy in Section 120
as follows:
a) If the intestate leaves a husband or wife but no children, parents or brothers or sisters of the whole
blood, the residuary estate shall be held on trust for the surviving spouse absolutely. However,
where the surviving spouse is the wife and the intestate leaves brothers or sisters of the half blood,
the wife’s interest will be for her life or until she marries, whichever first occurs. Thereafter, the
residue of her interest shall go to the intestate’s brothers and sisters absolutely in equal shares.
The children of a deceased brother or sister will take the share to which his parent would have
been entitled if alive.
b) Where the intestate leaves a husband or wife as well as children’s children (whether or not he also
leaves parents or brothers or children of brothers and sisters), the residuary estate shall be held on
trust as to the value of one third thereof for the surviving spouse. The interest of such spouse shall
be absolute in the case of a husband and in respect of a wife, for her life or until re-marriage,
whichever first occurs. The remainder of the estate together with any residue on the cesser of the
wife’s interest shall be held on trust for the children in equal shares absolutely or failing children,
on trust for the children of the intestate’s children in equal shares absolutely.
c) If the intestate leaves a husband or wife as well as one or more of the following – a parent, a
brother or sister of the whole blood or children of a brother or sister of the whole blood, but does
not leave a child, two thirds of the residuary estate shall be held on trust for the surviving spouse.
In the case of a husband, the interest shall be absolute while for a wife, it will last for her life or
until her re-marriage, whichever first occurs. The remaining one-third of the estate together with
any residue on cesser of the wife’s interest shall be held on trust for the brothers of the whole
blood in equal shares absolutely. In the absence of brothers of the whole blood or their children,
the portion will be for parents absolutely.
d) Where the intestate leaves children or children of deceased children but no husband or wife, two
thirds of the residue of the intestate’s estate shall be held on trust for the children of the
CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 6
 intestate equally. Of the remaining one third, one sixth shall be held on trust for the parents and
the other one-sixth for brothers and sisters.
e) If the intestate leaves no husband or wife and no children or children of deceased children, but
leaves both parents, two-thirds of the residuary estate of the intestate shall be held on trust for the
parents in equal shares absolutely. The other one third shall be held on trust for brothers and
sisters, if any, in equal shares absolutely. If no brothers and sisters survive, their share shall go to
the parents.
f) Where the intestate leaves no husband or wife and no issue, but leaves one parent, two-thirds of
the residuary of the intestate’s estate shall be held on trust for the surviving father or mother.
One-third of the value of the estate will be held on trust for brothers and sisters in equal shares
absolutely. If there are no brothers and sisters, their shares will go to the surviving father or
mother.
g) If the intestate leaves no husband or wife and no issue and no parent, the residuary estate of the
intestate shall be held on trust for the following persons living at the death of the intestate and in
the following order and manner (Num 27:8-11):
(i) First, upon trust for the full brothers and sisters of the intestate. But if no person takes an
absolutely vested interest under such trusts, then
(ii) Secondly, on trust for the half-brothers and half-sisters of the intestate. If no person takes
an absolutely vested interest under such trusts, then
(iii) Thirdly, on trust for the grandparents of the intestate, in equal shares. If there is no
member of this class, then
(iv) Fourthly, on trust for the uncles and aunts of the intestate but if no person takes an
absolutely vested interest under such trust, then
(v) Fifthly, on trust for the uncles and aunts of the intestate parents.
h) In default of any person taking an absolute interest under the foregoing provisions, the residuary
estate shall belong to the head of the family of which the deceased was a member. Such a head of
family shall, out of the whole of the property devolving on him, provide for the dependants,
whether kindred or not, of the intestate, and other persons for whom the intestate might
reasonably have been expected to make provision.

IN THE WESTERN STATES OF NIGERIA, the applicable Marriage Act is the Administration of Estates Law
1959. It is important to note that, under the 1959 law, provisions of that law do not apply for customary
marriages where the distribution, inheritance and succession of any estate is governed by customary law.
This law only applies to statutory marriages contracted in accordance with the civil Marriage Ordinance.
“Where any person who is subject to customary law contracts a marriage in accordance with the
provisions of the Marriage Ordinance and such person dies intestate after the commencement of
this law leaving a widow or husband or any issue of such marriage, any property of which the said
intestate might have disposed by will shall be distributed in accordance with the provisions of this
law, any customary law to the contrary notwithstanding provided that:
(a) where by virtue of paragraph (f) of sub-section (1) of this section the residuary estate would
belong to the state as bona vacantia, such residuary estate shall be distributed in
accordance with customary law and shall not belong to the state; and
(b) any real property, the succession to which cannot by customary law be affected by
testamentary disposition, shall descend in accordance with customary law, anything herein
to the contrary notwithstanding.”

IN THE NORTHERN STATES OF NIGERIA, the applicable civil Marriage Act is still the combination of the
received Wills Amendment Act, 1837 and the Wills Amendment Act, 1852. The succession and inheritance
CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 7
provisions of these Acts were approximately followed in the Western 1959 Law and the Amanbra 1987
Edict.

UNDER THE MALIKI CODE said to be developed from the Fourth Chapter of The Qur’an (see Professor Yakubu
“Property Inheritance and Distribution of Estates under Customary Law” in Towards A Restatement of Nigerian
Customary Laws published by the Federal Ministry of Justice, Lagos, Nigeria, 1991), wives and daughters are entitled
to participate in the sharing of the estate of their deceased husband or father. According to Prof Yakubu (ibid), the
following are the primary heirs and their shares, but these are best understood and implemented by Islamic experts:
a) Father, one-sixth (1/6).
b) Grandfather, one-sixth (1/6).
c) Mother, one-sixth (1/6) with a child and one-third (1/3) without a child.
d) Grandmother, one-sixth (1/6) with a child and one-third (1/3) without a child.
e) Husband, one-fourth (1/4) with a child and one-half (1/2) without a child.
f) Wife or wives, one-eighth (1/8) with a child and one-fourth (1/4) without a child.
g) Daughter, half (1/2) when alone, and two-third (2/3) if more than one son.
h) Son’s daughter, howsoever like above.
i) Uterine brother or sister, one-sixth ( 1/6) if one, one-third (1/3) if more.
j) Full sister, one-sixth (1/6) when alone, and two-third (2/3) if more.
k) Consanguine sister, half (1/2) if one and two third (2/3) if more.

Updated October 13, 2022

by Ven. Dr. I. U. Ibeme
Copyright © PriscAquila Publishing, Maiduguri, Nigeria.
Click here for
PriscAquila Christian Resource Centre
http://priscaquila.6te.net

CHRISTIAN FAMILY AND INHERITANCE by Ven Dr I. U. Ibeme 8