INHERITANCE TUSSLE: BINI EDITION📚🎲📚
INHERITANCE TUSSLE:IS MARRIAGE, NOT THE BIG ROLE PLAYER (PT. 3)
Hello Friends and Happy New Month!🤗
Kindly recall that we had discussed at length the Yoruba and Igbo Customary Rule of Succession or better said we have explained how the properties of a Yoruba man and Igbo man who contracted traditional marriage are shared and or distributed where there is no valid will, or where some devised gift in a will has failed.
This week, we travel to Bini. Come with us;
Under the Bini Customary Rule of Succession, the Estate of a deceased’s person can’t be distributed until the completion of a Rite or Ceremony described or termed as the second burial rite. This Rite is carried out at the exclusive instance of the eldest son.
The eldest son may equally elect not to call for the Rite. The carrying out of this Rite determines largely what happens to the Estate of the deceased. For the sake of consistency, the said Rite will henceforth be referred to as Second Burial Ceremony.
Accordingly, we have highlighted hereunder 3 situations which are; 1. Position before the Second Burial Ceremony 2. Position after the Second Burial Ceremony and 3. Position where there is no Second Burial
1. POSITION BEFORE THE SECOND BURIAL CEREMONY
a. All the properties be it real or personal devolves on the eldest son automatically.
b. Although the properties automatically devolve on the eldest son he does not own these properties absolutely.
c. He merely holds the properties in trust for the benefit of his siblings.
EFFECT OF HOLDING THE PROPERTY IN TRUST👌
i. He can institute and defend actions which involves the Estate.
ii. He has the absolute power to allot part of the Estate for the use of individual persons in the family.
iii. He stipulates the applicable terms and conditions for the use of the Estate.
iv. He is accountable to the family and must not misappropriate the Estate under any form of disguise.
2. POSITION AFTER THE SECOND BURIAL CEREMONY
a. The eldest son absolutely inherits the real properties and more particularly the family house.
b. The personal properties devolve on the other children.
c. The eldest son equally has a right to select any personal property, he so desires.
3. WHERE NO SECOND BURIAL CEREMONY IS DONE OR NOT COMPLETING THE SECOND BURIAL CEREMONY
Ohk! There are instances where the eldest son elects not carry out the second burial ceremony to ensure that the properties are not partitioned, in instances such as this:
a. The eldest son holds the properties in trust until his demise.
b. After the demise of the eldest son, the properties does not dissolve on his own beneficiary rather they revert to the Estate of the “original deceased person.”
c. The eldest surviving son again steps in and the duty to call for the second burial ceremony is on him.
4. WHOSE DUTY IS IT TO CALL FOR THE BURIAL RITES?
It is the exclusive duty of the eldest surviving son to call for the second burial, where he fails to call for the second burial, no one else has the power to do so, until his demise.
5. POSITION OF THE WIDOW
The Bini Customary Rule of Succession is silent on the position of the deceased’s widow as regards inheritance of the Estate. However, one is readily inclined to hold that the Widow does not inherit the Estate but has a right to live in the family house until she either remarries or dies depending on the applicable situation.
📣📣Would you like to secure the future of your children, in case, the inevitable happens?
Would you like to put in place, a structure that guarantees the protection of your loved ones??
Please reach out to the Online Law Clinic Team on 08090956207 or Email: onlinelawclinicteam@gmail.com
Oluwatosin Ajose Popoola Esq.,
#onlinelawclinic #onlinelawclinicteam #onlinelawfirm #familylawseries #inheritancetussle #bini #will #protect #nba #lawyer#consult #bini #customaryruleofsuccession #oluwatosinajosepopoola #esq #newmonth
Hello Friends and Happy New Month!🤗
Kindly recall that we had discussed at length the Yoruba and Igbo Customary Rule of Succession or better said we have explained how the properties of a Yoruba man and Igbo man who contracted traditional marriage are shared and or distributed where there is no valid will, or where some devised gift in a will has failed.
This week, we travel to Bini. Come with us;
Under the Bini Customary Rule of Succession, the Estate of a deceased’s person can’t be distributed until the completion of a Rite or Ceremony described or termed as the second burial rite. This Rite is carried out at the exclusive instance of the eldest son.
The eldest son may equally elect not to call for the Rite. The carrying out of this Rite determines largely what happens to the Estate of the deceased. For the sake of consistency, the said Rite will henceforth be referred to as Second Burial Ceremony.
Accordingly, we have highlighted hereunder 3 situations which are; 1. Position before the Second Burial Ceremony 2. Position after the Second Burial Ceremony and 3. Position where there is no Second Burial
1. POSITION BEFORE THE SECOND BURIAL CEREMONY
a. All the properties be it real or personal devolves on the eldest son automatically.
b. Although the properties automatically devolve on the eldest son he does not own these properties absolutely.
c. He merely holds the properties in trust for the benefit of his siblings.
EFFECT OF HOLDING THE PROPERTY IN TRUST👌
i. He can institute and defend actions which involves the Estate.
ii. He has the absolute power to allot part of the Estate for the use of individual persons in the family.
iii. He stipulates the applicable terms and conditions for the use of the Estate.
iv. He is accountable to the family and must not misappropriate the Estate under any form of disguise.
2. POSITION AFTER THE SECOND BURIAL CEREMONY
a. The eldest son absolutely inherits the real properties and more particularly the family house.
b. The personal properties devolve on the other children.
c. The eldest son equally has a right to select any personal property, he so desires.
3. WHERE NO SECOND BURIAL CEREMONY IS DONE OR NOT COMPLETING THE SECOND BURIAL CEREMONY
Ohk! There are instances where the eldest son elects not carry out the second burial ceremony to ensure that the properties are not partitioned, in instances such as this:
a. The eldest son holds the properties in trust until his demise.
b. After the demise of the eldest son, the properties does not dissolve on his own beneficiary rather they revert to the Estate of the “original deceased person.”
c. The eldest surviving son again steps in and the duty to call for the second burial ceremony is on him.
4. WHOSE DUTY IS IT TO CALL FOR THE BURIAL RITES?
It is the exclusive duty of the eldest surviving son to call for the second burial, where he fails to call for the second burial, no one else has the power to do so, until his demise.
5. POSITION OF THE WIDOW
The Bini Customary Rule of Succession is silent on the position of the deceased’s widow as regards inheritance of the Estate. However, one is readily inclined to hold that the Widow does not inherit the Estate but has a right to live in the family house until she either remarries or dies depending on the applicable situation.
📣📣Would you like to secure the future of your children, in case, the inevitable happens?
Would you like to put in place, a structure that guarantees the protection of your loved ones??
Please reach out to the Online Law Clinic Team on 08090956207 or Email: onlinelawclinicteam@gmail.com
Oluwatosin Ajose Popoola Esq.,
#onlinelawclinic #onlinelawclinicteam #onlinelawfirm #familylawseries #inheritancetussle #bini #will #protect #nba #lawyer#consult #bini #customaryruleofsuccession #oluwatosinajosepopoola #esq #newmonth
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