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a nice um my lords my legs chiefs the extinguish ladies and gentlemen may i uh welcome you to a central hotel where we will be discussing matters relating to inheritance the law of succession and custom we are obviously seated in benin city the ancient city of culture and tradition what a place to beam from it is often said that we exhibit the most attractive custom and tradition uh and and and it has its own benefits but it also poses its own challenges when it comes to uh succession my name is osara obama and i'm going to be moderating this session uh in the next two hours i've had the fortune of partaking in the funeral rights of my late father sir alfred a robert mayer senior advocate of nigeria i've had a rare privilege of coming in contact with succession custom and estate planning father did not write a will neither did he establish a trust but what he did was to exhibit his very small intentions in a piece of paper it's a teased statement i would say we loosely call it the time declaration perhaps inappropriately because a dying declaration is a very specific statement which is made contemporaneously with death but usually when you express your intentions when you express your intentions and a piece of paper not so much regarding inheritance but matters concerning how you like to be interned how you like to be buried my father stated that he had three children biological children and that he would prefer that my mother mourn him in a christian way he also stated that he had no other children and that anyone who claims to be his child other than these three gentlemen that he mentioned should not be permitted to partake in his funeral rights that was a very clever thing to do because under the benin native law and custom if you do not as a child partaking the burial you're not entitled to inherit anything but worse for the first son if it actually doesn't conduct the second variance he said he would not be permitted to inherit where the a matrix the pay truck lived and died arguably where he was buried so that property where he lived where he died and arguably where he was buried is often referred to as this two property the guild way now there are difficulties with these because the whole intention is that the first son assumes the position of his father and takes the assets as well as the responsibilities in connection with liabilities so let me give an address to that scenario usually a man who's worked quite hard would have built his property would have built a property he may have married more than one wife his polygamist has many many children and is working hard to take care of all of them when he passes on the person is expected to continue to cater for his mother to cater for his younger ones and as a result he steps into the stool of his father takes over the property and takes over the assets but what we're beginning to notice recently and the courts seem to have supported this is that where first son is recalcitrant where he refuses to assume responsibility in connection with liabilities he nevertheless he's taken to the entitled to this property that is not how the custom started one or two cases have established that you must take the asset and liability the problem however is that i would assume that position and taking the asset if the person refuses to assume responsibility with regards to liabilities in other words if he fails to take care of his mother stepmother children what we're beginning to see is that he nevertheless is entitled to the property so what normally happens is that he takes it sends everyone out of the house this is gilbert that he didn't build and then he says that is his house and then he attempts to sell it or usually when there's a dispute you have inscribed on the building this house is not for sale if you go around benin most of the houses have inscriptions this house is not for sale i will talk about that briefly uh at the latter part of the discus so we have very eminent speakers here to address some of these issues that continues to cause great problems and disputes the courts are littered with matters relating to egypt mr danine who used to be the secretary to buy radio will help us with this question of yoga there are other very complicated issues the wife of the beanie man especially not just been in across the country is usually compelled to partake in the barrier but there are no provisions as regards our welfare so it is assumed that the first son will take care of his mother and stepmother and the younger children it is it is an erroneous assumption because many persons will not take care of their stepmothers what happens this creates a social cultural problem because the women are left exposed the women are suffering we have mrs haike who is the president of the wives of the dukes in benin she is also a lawyer so she will be giving us our perspective on how women are coping with what appears to be a harsh culture not harsh because i use the word hash and i need to be careful when i say that because if the custom where to flow or where to run in the way that uh it was originally established the first son and the children will take care of the wife and the step wives and the step mothers but she will be dealing with that issue but we have another set of problems it's a problem but it's a good one we now have women who have assumed the position of stature some women are even wealthier than their husbands what is the custom that applies to the distribution of the assets of a woman who has accumulated wealth is the spouse entitled to sharing that property what is the custom as it relates to distribution amongst the children we know that some of the uh heads of the burial ceremony will distribute this applying the principle of promogenic in other words the first sound others have shared it equally what happens where they're just female children in the past women themselves were property so the custom had not developed to determine or to ascertain how property acquired by women should be distributed i'm going to let professor yin kawamurov deal with that issue at the last she will speak because she can be quite volatile and she has very strong views some of it i disagree with so she'll be speaking last but then there's a more uh there are other problems that are that applies across board which is what is the tax treatment what is the estate duty that you are expected to pay when uh property is being inherited a lot of people don't think about this but i can tell you a lot of the property you see littered around the state is simply because people cannot afford estate duty we have anderson tax helping us uh on the tax treatment educating us on the tax treatment that is most appropriate for a particular estate plan in other words he'll be telling us about the need to choose a particular plan such that your tax liabilities are considerably reduced and sometimes extinguished in some cases extinguished finally we as a law firm grace in association with government government we are advocating that trust can be used to circumvent a number of the difficulties that i identified there are quite a few more quite a few that i haven't talked about that we can use trust and what is trust it's a simple procedure by which you transfer the property from the deceased before he passes on to a third party for that property to be distributed in accordance with his intention it is not a will because the will is also subject to customer so my father taught me something and it's a simple way to understand trust my father said to me look if i was unsuccessful if i was living in a rented apartment i would not have a problem with anyone coming and saying that it was my first son or anyone competing regarding inheritance of a rented room because i don't own it so where the uh diseased is purporized where it has nothing there is usually nothing to quarrel about so what we do with structuring is to try and remove all his property from him during his lifetime and do it properly not by way of gift but by way of a trustee so we circumvent this uh difficulty of a culture limiting your rights especially well in this case the first son is reconciled or is undeserving of the ego sean a good friend from europe will be talking about trust as it relates to property across nigeria particularly in this case at the name that there is a way in which you can accumulate assets under a particular structure and have trustees settled in europe actually helping you to deal with the property so if you run a business for example the business usually will die with the test data but if that business was run in other parts of the world there are mechanisms by which the business transits from one generation to another sean will be helping us with that without going into great detail well i think the discourse has to start and i'm only a moderator i just wanted to break the ice i'm going to start with mr dan inner sitting as secretary to the uber opening or by radiowara he had a lot of cases he sat in council where a lot of cases were presented before the other dealing with this question of who is entitled to the guild war many of those issues relate or related to situations where the first son was refusing to assume responsibility i'd like him to address us on that question this morning thank you very much sir nanine please go ahead [Music] good morning good morning everybody um i've met many lawyers they finally egypt as the place where a man lived and dies that is simplistic it's simplistic in the sense that from what we know through the beneath window there are two guidelines what defines a giveaway for a hereditary title chief is different as a matter of deities for what defines a giveaway for an ordinary man who did not have any title while alive so let's look at the two sheets for a chief yes where he lived and he died but where also the accessory shrine altar was planted that is important for the ordinary man yes where he lived and died to be accommodated now many of the cases we have seen coming for the others attention and we are aware of in benin many first songs many they don't work hard enough and when their father is diseased they are interested inheritance sometimes because they did not work hard enough in life the younger ones who are working have more money so they will help for the barrier now as soon as that is done he wants the house where the father lived and died he wants another one sometimes he says is the enough everything this has caused friction in many families now the inheritor of gilbert is supposed to by being expectation well almost like pre-colonial now is supposed to take care of the younger brothers and sisters the sisters who have the right to stay are expected to stay in the gilbert till they get married the brother is not expected to send them out anywhere to the streets for the man he has a duty to assist the younger brothers to build their own houses and not kick them out and support them to marry because i will assume the position of the disease further it plays the rule is a father figure for all of them they will give them wives and pray for these ceremonies now for the the wives of disease father he takes care really of his mom the other wife there is a stage during burial proceedings that they are released to go back to their families but one expects that since they were his father's wives where he can help he should continue to do so particularly when those wives now lose their father or their mothers we still considered their parents as in-laws into the family to which they were married so it would be the duty of the first son the inheritor and the occupier of the building where they once married to go and support the barrier of their parents even though their husband his father has died for many of the persons we see today some of them are not even aware of these responsibilities once they take over the house and they are collecting rent that's all they want so it has been a matter of very responsible succession for so many so many of them a guilt but for the ordinary person you see many arguments have come up but the traditional position is the house he lived in and he died if he has houses all over the country is the particular one that he lived in when he died and where possible buried that the first song has the right to take well with time we have also found that the the first house bit by a man is usually opening made of mold and as time goes on he's able to build four flats made of bricks cement and so on he progresses he dies and you find that the first son will be eyeing the four flats and not the mud house this argument kept on coming up in the palace and by radio i had to put in writing that the first song in some circumstances rather than take a dilapidated mod building he should be given the option to take any of the houses as a matter of first choice for him in that case his command over the first house of the father now the gilbert will be will be taken off someone else will have to inherit that trying to moderate i [Music] we have also seen situations where a man will have a housing belief or he has lived probably in lagos all life he lived there he died there and he will leave a will bury him in a cemetery at ikoyi the question is which one now will be his gilbert is it the house in lagos or the house in benin more often than not the family family will stand and say the cute bear is the one in beneath because they originate from here and whoever is taking the position of the late father to be able to supervise the family from the house in benin that argument has been there but then comes the choice the house in lagos is in echoing is very big he knows it will make more money but the other herself will find take one the one you believe will no longer belong to you so that is uh we can develop on this conversation as the moderator begin to assign us with more questions thank you sir for that exposition and i'm going to follow up with some questions before i go to the other panelists where for example the first one has assumed the position of his father in the yoga and assuming we established that the gilbert is in benin which is easier and he fails to take responsibilities that he ought to have taken as a result of inheriting the egypt can you reverse that gift because what's happened is that those who are affected are affected nonetheless so he's assumed that responsibility as first son is taking the main house he's let it out and receivables and he's not taking care of his brothers and younger sisters who've been sent out of the house by the way is it where there are so many practices in our custom that have one way only it is not possible to take the property from him rather we continue to admonish him to see reason in behaving better but to take it from him you will never be supported by any aspect of our customary practice if he sees he has taken over he says forever just is that it's just a bad man but it belongs to him now but when the custom our own customary management to reverse anything than to