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Affidavit Of Heirship for Nigeria

Affidavit Of Heirship Template for Nigeria

A legal document used in Nigerian jurisdiction to establish the rightful heirs of a deceased person's estate, particularly when there is no will or formal probate proceedings. This sworn statement, executed under Nigerian law, provides detailed information about the deceased's family relationships, marriages, children, and potential heirs. The document must comply with both federal Nigerian law and applicable state regulations, while also considering relevant customary or Islamic law where applicable. It serves as a formal record of the deceased's family history and helps establish succession rights for property transfer and estate administration purposes.

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What is a Affidavit Of Heirship?

An Affidavit of Heirship is a crucial legal document in Nigerian succession law, typically used when a person dies without leaving a will (intestate) or when formal probate proceedings are deemed unnecessary or cost-prohibitive. The document, recognized under Nigerian federal and state laws, provides a sworn statement detailing the deceased's family relationships, marriage history, children, and other potential heirs. It must comply with the Evidence Act 2011 and relevant state regulations, while also considering customary or Islamic law where applicable. The affidavit serves as evidence of heirship and can be used to transfer property, access bank accounts, or claim other assets of the deceased. It's particularly useful in situations where the estate is relatively straightforward and the heirs are in agreement about the distribution of assets.

What sections should be included in a Affidavit Of Heirship?

1. Opening Declaration: Formal introduction identifying the deponent, including their name, address, occupation, and relationship to the deceased

2. Deceased's Information: Details about the deceased person including full name, date of death, last address, and circumstances of death

3. Marriage History: Information about the deceased's marriage(s), including date(s), type(s) of marriage (statutory/customary/Islamic), and spouse(s)

4. Children and Descendants: Complete list of all children (living and deceased) of the deceased, including their ages and addresses

5. Parents and Siblings: Information about the deceased's parents (living or deceased) and all siblings

6. Estate Description: General description of the deceased's estate and assets

7. Testamentary Status: Statement regarding whether the deceased left a will or died intestate

8. Heir Claims: Declaration of all persons entitled to inherit under applicable law

9. Verification: Statement verifying the truth of all information provided

10. Attestation: Formal closing, signature, and commissioner for oaths' attestation

What sections are optional to include in a Affidavit Of Heirship?

1. Customary Law Declaration: Section detailing applicable customary law succession rules when the deceased was subject to customary law

2. Islamic Law Declaration: Section outlining applicable Islamic inheritance rules when the deceased was Muslim

3. Previous Estate Administration Attempts: Details of any previous attempts to administer the estate or related legal proceedings

4. Disclaimer of Other Heirs: Statements from other potential heirs disclaiming their rights to the estate

5. Foreign Assets: Section dealing with assets located outside Nigeria

6. Special Circumstances: Any unusual circumstances affecting inheritance (e.g., adopted children, posthumous children)

What schedules should be included in a Affidavit Of Heirship?

1. Schedule A - Property Inventory: Detailed list of all real property owned by the deceased

2. Schedule B - Personal Assets: Comprehensive inventory of personal property, bank accounts, and other assets

3. Schedule C - Family Tree: Diagram showing the deceased's family relationships and lines of descent

4. Schedule D - Supporting Documents: List of attached documents such as death certificate, marriage certificates, and birth certificates

5. Schedule E - Witness Statements: Additional sworn statements from family members or other relevant parties confirming the facts stated in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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