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ABSTRACT
This research work is an appraisal of intestate succession under the Benin customary law. This research explains the meaning of intestate succession, and the concept of igiogbe under the Benin native law and custom. The igiogbe which is otherwise known as the place or the house where the deceased lived and died. This research work focuses on the concept of intestate succession as it relates to the primogeniture principle which state that where the deceased dies intestate the igiogbe devolves absolutely on the first surviving son to the exclusion of others. Prior to the death of the deceased cultural heritage has existed since the founding of Bini kingdom without any controversy; however since the Supreme Court decision in Idehen v Idehen the issue of Igiogbe has assumed new dimensions. Igiogbe - the house in which a Benin man lived and died devolves on his first son absolutely; but since the beginning of 20th century litigation as to the real meaning of Igiogbe and who is entitled to inheritance thereof began to increase. Controversies and increase in litigation over Igiogbe has occasioned a new dimension in the practice, the Bini’s are not conscious of some of these changes, most of them (Bini’s) still claim Igiogbe practices is rigidly adhered to. The research recommends that there should be a strict adherence to the principles laid down by the court with regards to the concept of the modern igiogbe.
