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Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased ( de cujus ) is separated into two portions.
The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestate succession, as though the testator had left no will. This rule is referred to as the doctrine ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Administrator – person appointed or who petitions to administer an estate in an intestate succession. The antiquated English term of administratrix was used to refer to a female administrator but is generally no longer in standard legal usage. Apertura tabularum – in ancient law books, signifies the breaking open of a last will and testament.
Kenna Partners, typically shortened to Kenna is one of Nigeria's leading law firms headquartered in Lagos, with offices in Abuja and Enugu.The firm is known for its work in dispute resolution and specialized transactions in energy, telecommunications, and financial services.
The court held that the Roman law nemo pro parte rule did not apply in South Africa; therefore, the estate was to be divided partly testate and partly intestate. Had the court divided the remaining one tenth between the nine beneficiaries, it would effectively have been rectifying the will.
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
The Supreme Court is composed of the Chief Justice of Nigeria and such number of justices not more than 21, appointed by the President on the recommendation of the National Judicial Council, (NJC) [6] [7] and subject to confirmation by the Senate. Justices of the Supreme Court must be qualified to practice law in Nigeria, and must have been so ...