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.
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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
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)
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
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