Disputes over inheritance and property continue to be a leading cause of conflict among families and close associates. More often than not, these disagreements stem from inadequate documentation, ineffective estate planning or limited understanding of the law, rather than deliberate wrongdoing.
Within the Nigerian legal framework, family property may pass either through testate succession (where a valid will exists) or intestate succession (where no will have been made). In situations of intestacy, applicable statutes such as the Administration of Estates Law, alongside customary law, determine how assets are distributed this frequently create grounds for dispute.
Judicial authorities have consistently underscored the necessity of proper legal formalities. In Adebajo v. Adebajo, the court emphasized strict compliance with requirements governing the validity of wills. See also, Mrs. Alero Jadesimi v. Mrs. Victoria Okotoe-Eboh & Ors. Similarly, in Akin Adejumo & Ors v. Ajani Yusuf Ayatege, it was affirmed that any disposition of family land by the head of the family, carried out without the consent of principal members, is not absolute and may be set aside in equity.
While recourse to litigation remains available, it is often not the most suitable path in resolving inheritance and property conflicts.
Limitations of Litigation:
• Proceedings are often prolonged and financially demanding.
• It tends to intensify disputes and strain or sever family relationships.
• Decisions are imposed by the court, which may not satisfy all parties.
• Sensitive family matters become part of the public record.
The Advantage of Alternative Dispute Resolution (ADR):
Mechanisms such as mediation provide a more constructive and pragmatic means of resolving disputes of this nature.Relationship Preservation – Encourages amicable outcomes and reduces long-term discord.
Confidentiality – Ensures that private family issues remain undisclosed.
Efficiency – Enables quicker resolution compared to conventional court processes.
Flexibility – Allows parties to craft mutually acceptable solutions.
Cost Reduction – Minimizes the financial burden associated with prolonged litigation.
Renowned legal scholar Ben Nwabueze advocated for dispute resolution frameworks that limit avoidable litigation while fostering societal harmony.
In reality, many inheritance disputes extend beyond strict legal entitlements, often involving emotional and relational complexities. Mediation is uniquely suited to address both the legal and human dimensions of such conflicts.
Conclusion:
Litigation determines legal rights. Mediation facilitates lasting resolution.
Before resorting to the courts, it is prudent to consider mediation as a first step in resolving inheritance or property disputes. It can preserve relationships, reduce costs, and lead to more satisfactory outcomes.
Emeka Peterclaver Onwumere, Esq. AICMC
In-House Counsel,
LegalMight Partners (The Mediation Place),
6 Forces Avenue, Old GRA,
Port Harcourt, Rivers State.
dmediationplace@gmail.com
#ADR #Mediation #InheritanceLaw #FamilyDispute #PropertyDisputes #LegalPractice #ConflictResolution