Effects of Non-Registration of Deed of Assent on Family Inheritance in Anambra State: An Analysis

Abstract

As important as a Will is in man’s life, the fact remains that a Will cannot in itself confer title or ownership of property (especially landed property) on a beneficiary. A Will is only a legal document that expresses how a testator’s assets will be shared upon death. A Deed of Assent therefore goes further to serve the purpose of bestowing legal title to a gift created in a Will, on the named beneficiary or a third Party by the personal representatives of an Estate. However, the researcher observed that the practice of registering a Deed of Assent is unknown in Anambra State. This study is therefore aimed at examining the concept and practice of registration of Deed of Assent, (and the effects of non-registration of same on family inheritance). This is done to throw more light on the essence of amending the Administration of Estates Law of Anambra State, to include specific provisions for registration of a Deed of Assent in Anambra State. Doctrinal research methodology was adopted. The researcher consulted library-based materials (which included books, magazines, journal articles and statute books). Internet materials were also used during this research work. The researcher found that the introduction of the practice and registration of Deed of Assent in Anambra State will go a long way in reducing family rifts and decongesting our Courts of some avoidable litigations. The researcher made some recommendations amongst which, is, that the Administration of Estates Law of Anambra State 1991 should be amended to include the concept and practice of registration of Deed of Assent.