The death of a husband is not only a time of emotional pain but also a critical financial turning point for many women. Beyond grief, the pressing question often becomes, what happens to his wealth and property? In many cases, cultural practices, family interference, or the absence of proper legal planning can put a widow and her children at risk of losing their dignity and security.
The truth is that no woman, no matter how loved, respected, or influential, can guarantee her position after her husband’s death unless the marriage is legally protected. The determining factor lies in the type of marriage conducted.
Why the Type of Marriage Matters
For the purpose of this discourse, marriages under the Nigeria law may be broadly categorized into: Statutory Marriage (marriage under the Marriage Act), Customary Marriage, and Islamic Marriage.
Only a woman married under the Marriage Act (commonly called Court Marriage), and her children, enjoy clear statutory protection as primary beneficiaries of her husband’s estate. Without this, the risk of being sidelined is real.
The Nigerian courts have consistently affirmed the protection offered by statutory marriage. In Cole v. Akinyele (1960) LLR 141, the court held that the wife and children of a statutory marriage remain the primary beneficiaries of the husband’s estate, regardless of competing customary claims. Similarly, in Obusez v. Obusez (2007) 10 NWLR (Pt.1043) 430, the Supreme Court emphasized that such rights cannot be displaced by extended family interference.
A statutory marriage is not just a ceremony, it is a legal shield for women. It is governed by the Marriage Act and duly registered at a recognized Marriage Registry or licensed place of worship. It is therefore pertinent for a woman to keep jealously the marriage certificate. A lot of people believe they are married under the Act but not, not for this piece.
The procedure for a Statutory Marriage:
- A Notice of Marriage filed at the Registry.
- Publication of the Notice for 21 days, inviting objections.
- Celebration of Marriage at the Registry or a licensed place of worship.
- Issuance of Marriage Certificate by the registry or registered place of worship.
It is not advisable to skip this process.
The marriage certificate remains a vital legal document, entitling a woman to inheritance rights even where her husband dies intestate (without a Will). With it, she can apply for Letters of Administration at the Probate Registry to take charge of the estate. So it is the woman that keeps the marriage
A marriage certificate may be challenged in the course of a highly contentious family dispute, and in rare instances, it can even be invalidated. However, the legal conditions for such invalidation are stringent and exceptional, and a detailed discussion of such is not for this piece.
Legal Steps to take after the Death of a Husband
Obtain a Death Certificate
The first and most critical step in securing a deceased person’s estate is obtaining a Death Certificate. This document serves as the legal foundation of all succession and probate processes. Without it, no individual or institution can lawfully take any step concerning the wealth, property, or obligations of the deceased.
This is not the hospital’s medical certificate as some people often mistake the hospital death certificate with the official death certificate. They are different. The hospital certificate merely states the cause of death. The Death Certificate issued by the National Population Commission (NPC), is the only legally recognized document for succession, probate, banking, pensions, and insurance claims. No probate or Letters of Administration can be granted without a death certificate.
Requirements for NPC Death Certificate:
- Hospital’s medical certificate (or sworn affidavit if death occurred outside hospital).
- Completed NPC death registration form.
- ID of deceased and informant/next-of-kin.
- Passport photos of informant.
- Police extract for accident/suspicious deaths.
- Burial permit (where applicable).
- Payment of prescribed fees (late registration attracts penalties).
Apply Promptly for Letters of Administration
If your husband died intestate (without a Will), you must promptly apply to the Probate Registry for Letters of Administration. This grants you legal authority to manage and distribute the estate. Delay often emboldens extended family interference. The Supreme Court in the case of Ilori v. Ilori (1983) 1 SCNLR 94 clearly states that Letters of Administration give the legal authority to manage a deceased’s estate, and no one can lawfully deal with the estate without them.
However, it is imperative to state that the best time to secure protection is while both spouses are alive. Statutory marriage, estate planning, and Wills are not acts of distrust but rather the greatest demonstrations of love and foresight. They ensure a woman’s dignity and a family’s security long after the husband is gone.
Wealth is not preserved by sentiment or influence, but by law and foresight. A woman who insists on statutory protection, secures proper documentation, and takes timely legal steps, will safeguard her husband’s legacy.
Pelumi Olajengbesi, Esq.
Legal Practitioner & Managing Partner, Law Corridor
Member, Family, Succession & Wealth Management (FSW) Practice Group
pelumi@lawcorridor.org
30th August, 2025.
