A CRITICAL APPRAISAL OF THE RIGHT OF INHERITANCE OF CHILDREN BORN OUT OF WEDLOCK IN NIGERIA

Abstract

Children born out of wedlock in Nigeria whose paternity have been acknowledged by the intestate are entitled to equal inheritance with the ones born in the matrimonial home of their common father. This is so because the children born out of wedlock cannot be discriminated againstbecause there are born out of wedlock. For the right of children born out of wedlock to enure, the intestate must have acknowledged the paternity of such children. This paper critically reviews the right of inheritance of children born out of wedlock and discovers that the law has gone beyond acknowledgement of paternity as the condition precedent for the right to enure. Today, proof that the intestate was the biological father of such children grounds the right. The author expresses the view that this development of law is quite commendable.