ANALYSIS OF THE PREREQUISITE OF WILLS LAW AND ITS LIMITATIONS BY CUSTOMARY LAW

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ABSTRACT

This Research Work Examines Prerequisite Of The Wills And Its Limitations To Customary Practices In Nigeria. This Is To Determine The Prerequisite Of The Wills. It Further Examines Wills Limited By Customary Practices In Certain States In Nigeria. The Research Adopts The Doctrinal Method. This Research, Observes That Benin And Igbo Customary Laws Of Wills Deprive Women As Wives And Daughters, Of The Right To Inherit The Property Of Their Husbands And Fathers Because They Are Females Are Discriminatory Against Women. The Study Also Finds That In Respect Of Igbo, Benin And Yoruba Customary Laws Of Inheritance Reveals That There Are Local Variations To The General Rule Of Inheritance Of The Customary Laws Of These Ethnic Groups That Women As Wives And Daughters Are Not Entitled To Inherit The Property Of Their Deceased Husbands And Fathers. Also, The Study Further Finds That The Law On Prerequisite Wills And It Limitations To Customary Practices Is Not As Uncertain As It Is Thought To Be. Based On The Findings, The Research Recommends That Enlightenment Campaign To Educate The People On The Negative Impact Of Illegitimacy And The Possibility Of Circumventing The Limitation Of Customary Law On Will. It Therefore Concludes That Judiciary Is To Provide Justice To All Parties Who Stand Before It Or Calls For Its Presence, With This Put Into Consideration By The Court It Should Be Noted That Rules As Stated Still Have The Capacity To Develop Over Time In The Best Interest Of Justice.

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