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When your spouse passes away in Nigeria, you need an Affidavit of Surviving Spouse to legally establish your inheritance rights and access their estate. This sworn statement serves as official proof of your marital status and your claim to the deceased's assets under Nigerian law.

When do you need this document?

You must present this affidavit to banks to access your deceased spouse's accounts, to insurance companies for policy claims, and to property registries for real estate transfers. Government agencies require it for pension benefits and social security claims. The document is also essential when applying for letters of administration or probate in Nigerian courts. Property developers and land registries demand this affidavit before transferring ownership of real estate. Additionally, you need it to claim shares, investments, or other financial assets held in your spouse's name.

Key legal considerations

Your affidavit must declare the validity of your marriage under statutory or customary law, as both are recognized in Nigeria. Include specific details about your spouse's death, including the date, location, and circumstances. State clearly that you are the sole surviving spouse and list any children from the marriage. Be aware that customary law may affect your inheritance rights differently than statutory law, depending on how your marriage was conducted. The document must be truthful and complete, as false statements in affidavits carry criminal penalties under the Evidence Act. Consider whether your spouse left a will, as this affects your inheritance claims and should be mentioned in the affidavit.

Legal requirements in Nigeria

Under the Evidence Act 2011, your affidavit must be sworn before a Commissioner for Oaths, Notary Public, or Magistrate. The document must include your full legal name, address, occupation, and relationship to the deceased. You must attach certified copies of your marriage certificate and your spouse's death certificate as supporting evidence. The affidavit should reference relevant provisions of the Marriage Act Cap M6 LFN 2004 to establish the legitimacy of your union. If your marriage was conducted under customary law, include details about the traditional ceremonies and any bride price payments. State laws may impose additional requirements, so ensure compliance with both federal and local regulations. The document must be signed in the presence of the administering officer and properly witnessed according to Nigerian legal standards.