REVIEW OF LITERATURE ON TESTATE AND INTESTATE SUCCESSIONS UNDER THE YORUBA CUSTOMARY LAW

Abstract

The Yoruba ethnic group is located in Southwest Nigeria. The Yoruba people have been in existence from the time immemorial, Yoruba customary law makes provision for Succession and this norm is guided by intestacy. However, testate succession among the Yoruba is not common and it is restricted to nuncupative (oral) wills. The Yoruba customary law is based on the patrilineal system of inheritance, therefore intestacy followed the male line. Under this arrangement the (Daudu) the eldest son shoulders the responsibility of taking care of the estate after the demise of their father. Moreover, male and female offspring inherit the estate and are joint owners. The offspring have the right to attend family meetings. The objective of this study is to examine the main provisions and principles of the norm testate and interstate succession under the Yoruba customary law. The paper discusses the rights of legitimate and illegitimate children, adopted children, spouses and its effect on (inheritance. The study explores the reasons that influence the concept of (Idi-igi) per stripes and (Ori- ojori) modes of property distribution among the Yoruba ethnic group. The study highlights on the impact of gender dynamics cultural norms on the sharing of estate in testate and interstate succession within the Yoruba ethnic group. The study uses doctrinal methodology of research, therefore relies on both primary secondary sources. The paper makes useful recommendations on how best to improve the distribution of estates under Yoruba customary law.