Legal Question in Family Law in Nigeria

My husband was bed ridden with stroke and died a week and some days later. However,some days before his death his family came to the hospital and collected my kids and car and said I had no right over my children. Now they are after my husband's property.


Asked on 3/22/14, 1:40 am

1 Answer from Attorneys

Israel Usman Classfield Solicitors

My deepest condolences.

You did not indicate if you were married under customary law or under the Marriage Act (Church or registry). You also did not indicate the ages and gender of the kids. Under some customs, custody may be given to some relatives but that also depends on laws relating to children and women in the state in which you reside. If the marriage was under the Act, it is clear that their actions are illegal.

Whether your late husband wrote a will or not, no one can take over his property without a letter of administration from the Probate Registry of a High Court. I suggest you report the matter to the police nearest to you. In the meantime, please go the Probate Registry of the nearest High Court and commence procedure for being appointed to administer your husband's assets, unless he wrote a will in which he nominated some other person to administer his properties.

In the meantime, please rush to the nearest office of the National Human Rights Commission and lodge a complaint regarding custody of the children as well as the seizure of the properties of your late husband. In the alternative, please locate the offices of the International Federation of Women Lawyers (FIDA). I am sure you will get good advice and strong support.

Once again, my condolences

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Answered on 3/24/14, 1:28 am


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