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The short answer
Nigerian courts have protected a widow's right to stay in her late husband's house: in Nzekwu v Nzekwu (1989) the Supreme Court held that a widow may occupy the property and cannot be evicted by his family, even without male children. Where there is no will, laws such as Lagos's Administration of Estates Law 2015 put the surviving spouse and children ahead of other relatives, and Ukeje v Ukeje (2014) struck down customs excluding daughters from inheritance.
When a father dies, one of the most anxious questions for children abroad is whether their mother can stay in the family house. In some families, relatives of the late husband press claims to the property, sometimes quickly. Nigerian law gives widows real protection, but how much depends on whether there was a will, the type of marriage and the law that applies to the estate. This guide sets out the main rules and cases, and what children abroad can do.
Three systems of law
Inheritance in Nigeria can be governed by statute (where there is a will under a Wills Law, or under a state's estate administration law on intestacy), customary law, or Islamic law. Which applies depends on the deceased's marriage, faith, custom and whether he left a valid will. A March 2025 overview by Olusola Olufemi of The Trusted Advisors, published on Mondaq, summarises the key authorities below.
The cases that protect widows and daughters
- Nzekwu v Nzekwu (1989), Supreme Court
- A widow may occupy her late husband's property and cannot be evicted by his family, even if she has no male children.
- Ukeje v Ukeje (2014), Supreme Court
- The Igbo custom excluding female children from their late father's estate breaches section 42(1) and (2) of the Constitution; such a child is entitled to inherit.
- Mojekwu v Mojekwu (1997), Court of Appeal
- A custom barring women from inheriting land is repugnant to natural justice.
- Repugnancy test
- Customary law must pass the repugnancy test to be applied by a court (cited to Oyeniyi v Bukoye, 2014).
Together these mean a family cannot lawfully remove a widow from the matrimonial home simply by citing custom, and daughters cannot be cut out of their father's estate on grounds of sex.
If there is a will
The Trusted Advisors' overview notes that the Lagos Wills Law 2004 gives testamentary freedom regardless of gender, so a husband can leave the house to his wife by will. If the will leaves the house to her, the executors should apply for probate and transfer it. If it leaves the house to someone else, the widow's position depends on the will and the applicable law; she should take legal advice quickly.
If there is no will
Where the deceased died intestate and statute applies, state laws set an order of entitlement. The overview says Lagos's Administration of Estates Law 2015 (section 49) has children sharing equally regardless of gender and the surviving spouse and children ranking ahead of other potential heirs. In practice the estate needs letters of administration before property can be dealt with. A Mondaq practitioner guide (May 2024) on the Lagos process describes at least two administrators, two sureties, an interview and a 21-day newspaper publication, and gives the priority among applicants as spouse, then children, then parents and siblings. See our guide on letters of administration from abroad.
Being named next of kin does not by itself transfer property. Daily Trust's explainer notes that next of kin is not automatically entitled to inherit, and that an estate needs probate or letters of administration before assets are released.
Customary and Islamic law
Under customary law the courts have followed Nzekwu in protecting the widow's occupation of the home. Practice in communities can still differ: the overview cites a Daily Trust report of a community in Plateau State where widows lose land on a husband's death. Under Islamic law, heirs take fixed shares; the overview notes daughters receive half of sons' shares, and the widow's share depends on the family situation. A local lawyer or the court will apply the system that governs the estate.
What children abroad can do
- Find the will, if any, and the title documents for the house; keep copies outside the house.
- Get the death certificate registered; our guide on death certificates from abroad explains the route.
- Engage a lawyer in the state where the house is, early, before relatives act.
- If relatives try to remove your mother or take documents, the lawyer can seek an injunction; police are a last resort for threats or violence.
- Consider a power of attorney if you need someone at home to act for you in the estate.
- Keep paying the house's bills and levies in a way that leaves records, so occupation is never in doubt.
This is information, not legal advice. Each estate turns on its own facts and the law that applies.
Supporting your mother day to day
While legal steps run, the practical priority is that your mother feels secure. Keep paying the house's bills and her allowance on time, make sure she has copies of key documents, and ask a trusted relative or neighbour to check on her. If she is under pressure from relatives, a lawyer's letter often calms matters before anything reaches court.
Where Pryme fits
While the estate is settled, a Pryme account lets you pay your mother's allowance, the lawyer and the house's bills directly in naira from abroad with Send. A verifiable receipt of each payment gives a clear record of who has kept the house running.
Questions people ask
Can my father's family send my mother out of the house?
Nigerian courts have held, in Nzekwu v Nzekwu (1989), that a widow may stay in her late husband's house and cannot be evicted by his family, even without male children. A lawyer can seek an injunction if relatives try.
Who inherits the house if my father died without a will?
It depends on the applicable law. Under Lagos's Administration of Estates Law, the surviving spouse and children rank ahead of other relatives and children share equally regardless of gender.
Can daughters inherit their father's house in Igbo custom?
Yes. In Ukeje v Ukeje (2014) the Supreme Court held that the custom excluding daughters from their father's estate is unconstitutional.
Does next of kin mean my mother owns the house?
No. Being next of kin does not transfer property. The estate needs probate (with a will) or letters of administration (without one).
Sources
- Inheritance rights of women in Nigeria: legal framework and cultural perspectives (Mondaq, The Trusted Advisors) · accessed Oct 2026
- Issuance of letters of administration in Nigeria: a practical approach (Mondaq) · accessed Oct 2026
- Explainer: why next of kin cannot access deceased's inheritance (Daily Trust) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.