Can An Inheritance Under A “will” Be Rejected

Can An Inheritance Under A “will” Be Rejected? Daily Law Tips (Tip 563) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

For whatever reason or no reason, a person may wish to refuse and reject an inheritance assigned (bequeathed) to him. You can not force a gift on a person and a gift is not complete unless it is accepted.

An Inheritance is a gift, it is a testamentary gift (gift made known and available to the recipient/donee after the death of the maker/giver/donor). Inheritance (testamentary gift) is the opposite of “gift inter vivos” (gift made and accepted during the life time of both the maker and his receiver). Gift inter vivos is the legal jargon (term) for the normal/regular gifts we receive from our living colleagues, fans, friends and families, and for sure, it can also be refused and rejected without a reason.

Below are the golden words of the highest court on Nigeria (the Supreme Court of Nigeria) on this issue;

“We are aware that a beneficiary may for some personal reason refuse to accept the property devised or bequeathed to him by Will. The reasons for doing this are numerous and we do not propose to catalogue them here. Whatever his reasons may be, even if he has no reason at all, nothing precludes a person from renouncing a testamentary gift. A renounced testamentary gift is distributed in accordance with the Rules of Intestate succession.”

Per GEORGE SODEINDE SOWEMIMO ,J.S.C ( P. 15, paras. D-E ).

References:

1. The Supreme Court’s decision (on effect of “Acceptance” to a gift) in the case of ANYAEGBUNAM v. OSAKA & ORS (2000) LPELR-508(SC)

2. The Supreme Court’s decision (on whether a gift can be rejected) in the case of EBOSIE v. PHIL-EBOSIE & ORS (1976) LPELR-994(SC)

3. The Court of Appeal’s decision (on meaning, nature and effect of gift inter vivos) in the case of ABAH v. OGBE (2012) LPELR-14842(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.

****************************************************************************************

This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

DISCLAIMER:

This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.

PROJECTS:

🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org

🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6

KEEP IN TOUCH:

Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 6

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw

Email: lisa@sabilaw.org

Website: www.SabiLaw.org

ABOUT US & OUR PARTNERS:

This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.

DONATION & SPONSORSHIP:

As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.

**********************************************************************************

Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

3 Responses

Pingback: How to Obtain Letters of Administration. - Learn Nigerian Laws
Pingback: How To Prove Gifts In Nigeria. - Learn Nigerian Laws
Pingback: Who Takes Over the Properties of Unmarried Lovers After a Breakup?

Leave a Reply Cancel reply

You must be logged in to post a comment.

The Repugnancy Doctrine and Customary Laws in Nigeria; Analyzing Nigeria Customary Laws through the Lenses of Africanism

The Repugnancy Doctrine and Customary Laws in Nigeria; Analyzing Nigeria Customary Laws through the Lenses of Africanism By Kuatsea Shagbaor Joseph ABSTRACT: Nigeria is

Nigeria Customs Service Act, 2023

Nigeria Customs Service Act, 2023 Click to download the Nigeria Customs Services Act, 2023 This is an Act that repealed the Customs and Excise Management

Revenue Mobilization, Allocation and Fiscal Commission Act, 1989

Revenue Mobilization, Allocation and Fiscal Commission Act, 1989 Click to download the Revenue Mobilization, Allocation and Fiscal Commission Act. 1989 This is an Act that

The Problem of Legal Technicalities and the Demand for Justice; Layman’s Perception of Technically Decided Cases

The Problem of Legal Technicalities and the Demand for Justice; Layman’s Perception of Technically Decided Cases By Amb Shuaibu Bashir Mukaddam Abstract This article

**************************************************************************************** This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento. DISCLAIMER: This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners. PROJECTS: Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org Publish your legal articles for FREE by sending to: eve@sabilaw.org Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 5 KEEP IN TOUCH: Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via: YouTube: SabiLaw Twitter: @Sabi_Law Facebook page: SabiLaw Instagram: @SabiLaw.org_ WhatsApp Group: Free Daily Law Tips Group 5 Telegram Group: Free Daily Law Tips Group Facebook group: SabiLaw Email: lisa@sabilaw.org Website: www.SabiLaw.org ABOUT US & OUR PARTNERS: This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010. DONATION & SPONSORSHIP: As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200. ***********************************************************************************

Expatriate Employment Levy Handbook

Expatriate Employment Levy Handbook Click to download the Expatriate Employment Levy Handbook The Expatriate Employment Levy (EEL) is a government-mandated contribution imposed on employers who

Legal Survey on the Reoccurring Communal Clashes in Afo/Ajiri Land of Nasarawa State.

Legal Survey on the Reoccurring Communal Clashes in Afo/Ajiri Land of Nasarawa State. By Ogu Ibrahim Ogelebe Kolu INTRODUCTION Nigeria is a country that is

Review of the Oronsaye Committee Report and the Federal Government White Paper

Review of the Oronsaye Committee Report and the Federal Government White Paper. Click to download the Review of the the Oronsaye Committee Report and the

Price Control Act

Price Control Act, 1977 Click the link to download the Price Control Act, 1977. The Price Control Act was passed into law on 1st January

Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019.

Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019. Click to download the Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019. This

It Amounts to Miscarriage of Justice or a Court of Law to Grant a Restraining Order against Economic and Financial Crimes Commission (EFCC) or Any Law Enforcement Agency as the Courts are Bereft of Power to do so.

It Amounts to Miscarriage of Justice or a Court of Law to Grant a Restraining Order against Economic and Financial Crimes Commission (EFCC) or Any

A Re-Examination of the Local Content Act in Nigeria’s Survival During the Covid-19 Pandemic; Accessing the Economic Downturn and the Relevance of the Local Content Act

A Re-Examination of the Local Content Act in Nigeria’s Survival During the Covid-19 Pandemic; Accessing the Economic Downturn and the Relevance of the Local Content

After Labor Matters Arbitration, What Next?

After Labor Matters Arbitration, What Next? By Mujahid Muhammad Musa After you’ve successfully represented a company or a client in an Arbitral proceedings, incidental to

The Adequacy or Otherwise of the Functionality of the Rural Electrification Agency in the Nigerian Electricity Sector

The Adequacy or Otherwise of the Functionality of the Rural Electrification Agency in the Nigerian Electricity Sector. By Oketoyin Dorcas Adenike Introduction Statistics has shown

Petroleum Industry Act, 2021 (PIA) And its Impacts on Environmental Sustainability in Nigeria

Petroleum Industry Act, 2021 (PIA) And its Impacts on Environmental Sustainability in Nigeria By ATER, Solomon Vendaga Abstract The enactment of the Petroleum Industry Act

Legality or Otherwise of Holding Charge in Nigerian Legal System

Legality or Otherwise of Holding Charge in Nigerian Legal System. By Shuaibu Bashir Mukaddam ABSTRACT; This write-up examines the concept of holding charge on what

THE POSITION OF THE LAW ON WHETHER A GORVERNOR CAN EXERCISE PREROGATIVE OF MERCY BEFORE JUDGEMENT

The Position of the Law on Whether a Gorvernor can Exercise Prerogative of Mercy before Judgement; By Shuaibu Bashir Mukaddam FRN v. ALKALI & ANOR

MUST A CORROBORATIVE TESTIMONY/EVIDENCE BE INDEPENDENT

Must a Corroborative Testimony/Evidence be Independent? By Shuaibu Bashir Mukaddam ABSTRACT; This write-up will examine what an evidence is, what does the word corroboration means

Whether a Court Can Convict a Person of an Offence He’s Not Charged With

Whether a Court Can Convict a Person of an Offence He’s Not Charged With; By Shuaibu Bashir Mukaddam ABSTRACT; This write-up will examine the concept

CAC Operations Checklist, 2022

CAC Operations Checklist, 2022 Click to download the CAC Operations Checklist, 2022 The purpose of these Operations Checklists is to provide a practice guide to

FCT High Court Practice Direction for Service(s), 2018

FCT High Court Practice Direction for Service(s), 2018 Click to download the FCT High Court Practice Direction for Service(s), 2018 The following Practice Direction in

Enforcement of Judgments and Courts Orders

Enforcement of Judgments and Courts Orders. Click to download the Enforcement of Judgments and Courts Orders This document noted that one of the cardinal responsibilities

Federal Capital Territory Courts (Sentencing Guidelines) Practice Direction, 2016

Federal Capital Territory Courts (Sentencing Guidelines) Practice Direction, 2016 Click to download the Federal Capital Territory Courts (Sentencing Guidelines) Practice Direction, 2016 The following Practice

Practice Directions for Enforcement Unit, 2016

Practice Directions for Enforcement Unit, 2016. Click to download the Practice Directions for Enforcement Unit, 2016 This Practice Direction was made by Hon Justice I.

Practice Directions for Administration of Criminal Justice Act, 2015

Practice Directions for Administration of Criminal Justice Act, 2015 Click to download the Practice Directions for Administration of Criminal Justice Act, 2015 In exercise of

District Courts Act Practice Directions on Small Claims, 2022

District Courts Act Practice Directions on Small Claims, 2022. Click to download the District Courts Act Practice Directions on Small Claims, 2022 The Practice Directions

AN OVERVIEW OF POLITICAL DEFECTION: THE RECENT CASE IN RIVERS STATE AS A CASE STUDY

AN OVERVIEW OF POLITICAL DEFECTION: THE RECENT CASE IN RIVERS STATE AS A CASE STUDY By Innocent Chiwuokem Sylvester Defection of Politicians and majorly, Law

INTELLECTUAL PROPERTY LAW AND ENTERTAINMENT INFRINGEMENT IN NIGERIA: A CRITICAL ANALYSIS

INTELLECTUAL PROPERTY LAW AND ENTERTAINMENT INFRINGEMENT IN NIGERIA: A CRITICAL ANALYSIS. By Verem Daniel Iortyom, Esq , Sophia Terhembafan Terver- Ubwa and Ezeani Onyedikachi Collins

Handbook on Small Claims Court of the Federal Capital Territory, Abuja

Handbook on Small Claims Court of the Federal Capital Territory, Abuja. Click to download the Handbook on Small Claims Court of the Federal Capital Territory,

Legal Implications of Phishing within the Nigerian Legal System

Legal Implications of Phishing within the Nigerian Legal system. By Habeeb Muhammed Olanrewaju ABSTRACT Phishing as a deceptive cyber attack strategy, poses a significant threat

DECENTRALIZATION OF THE NIGERIAN ELECTRICITY INDUSTRY (NESI): PROSPECTS AND CHALLENGES

DECENTRALIZATION OF THE NIGERIAN ELECTRICITY INDUSTRY (NESI): PROSPECTS AND CHALLENGES* By ATER, Solomon Vendaga 1.0. Introduction The availability of electricity is a vital component of

Senior Advocate of Nigeria: A Brainchild of Queen’s Counsel Institution

Senior Advocate of Nigeria: A Brainchild of Queen’s Counsel Institution By Jimoh AbdulGaniy Adisa ABSTRACT It is, indeed, a common knowledge from the indelible and

Enforceability Of Collective Agreement Vis A Vis Section 254c(J)(I) Of The Constitution Of The Federal Republic Of Nigeria, 1999 (As Amended)

Enforceability of Collective Agreement Vis a Vis Section 254c(j)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) Ikechukwu James Orji LLB.,

Click to download the Constitution of the Federal Republic of Nigeria, 1999 (Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja)

Constitution of the Federal Republic of Nigeria, 1999 (Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja)

Constitution of the Federal Republic of Nigeria, 1999 (Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja) Click to download the

FCT Customary Court of Appeal Rules, 2023

FCT Customary Court of Appeal Rules, 2023. Click to download the FCT Customary Court of Appeal Rules, 2023 The Rules was made by Hon. Justice

An Appraisal of the Constitutional Power or Otherwise of a Governor to Suspend or Remove the State Chief Judge in Nigeria

An Appraisal of the Constitutional Power or Otherwise of a Governor to Suspend or Remove the State Chief Judge in Nigeria. By Akanmu Jamiu INTRODUCTION

Can An Inheritance Under A “will” Be Rejected

Onyekachi Umah, Esq., LL.M, ACIArb(UK)

3 Responses

Leave a Reply Cancel reply

Related Posts

Subscribe to our Newsletter

© Copyright 2009 - 2024 SabiLaw Group. All Rights Reserved.

Contact Support

LOGIN