LEGAL PRINCIPLE: SUCCESSION LAW — Intestate Succession — Applicable Law for Marriage Ordinance Marriage
PRINCIPLE STATEMENT
Section 49(5) of the Administration of Estates Law clearly provides that the estate of a person married under the Marriage Ordinance shall be distributed in accordance with the provisions of that Law, not English law or customary law.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Salubi v. Nwariaku & Ors (2003) NLC-1201997(SC) at p. 10; Paras B–D.
"The provisions of section 49(5) of the Administration of Estates Law, particularly in the portion rendered in italics in the quotation above, leave no room for any doubt that the estate in this case fell to be distributed in accordance with the 'provisions of this Law', that is, the Administration of Estates Law and not English law or customary law."
EXPLANATION / SCOPE
Intestate succession for Marriage Ordinance marriages is governed by the Administration of Estates Law. The principle applies to succession matters. The rule excludes English and customary law. The court will apply the statutory distribution rules. The principle is well-established.
