AN APPRAISAL OF THE INHERITANCE RIGHTS OF WOMEN: A COMPARATIVE STUDY OF NIGERIA AND SOUTH AFRICA

ABSTRACT This comparative study critically examines the inheritance rights of women in Nigeria and South Africa, shedding light on the legal frameworks that govern these rights in both nations. By conducting a detailed analysis of the disparities, obstacles, and potential remedies concerning women's inheritance rights, this research aims to offer valuable insights for academics, legal professionals, and policymakers alike. The study delves into the intricate interplay between cultural norms, societal expectations, and legal structures that influence women's ability to access and manage inheritance assets. Through a nuanced comparative approach, the research endeavors to contribute significantly to the discourse on gender equality and women's empowerment within the realm of inheritance law in Nigeria and South Africa. The study adopted doctrinal and comparative legal research methodologies. Primary and secondary sources of law were used. Primary sources included Constitution of the Federal Republic of Nigeria, 1999 (As Amended), South African Constitution 1996, Marriage Act Cap. 218, Laws of the Federation of Nigeria, Married Women Property Act 1882, Maintenance of Surviving Spouse Act 1990, The interstate Succession Act 1987, The Promotion of Equality and Prevention of Unfair Discrimination Act 2000, The Reform of Customary Law of Succession and Regulation of Related Matters Act 2009.Secondary sources included textbooks, journals, articles and internet materials. This study seeks to unravel the complexities surrounding women's inheritance rights, exploring the historical, cultural, and legal factors that shape the current landscape in both countries. By scrutinizing the enforcement mechanisms, legal precedents, and societal attitudes towards women's inheritance rights, this research aims to provide a comprehensive understanding of the challenges women face in securing their rightful inheritance. Furthermore, the study aims to propose recommendations and policy implications to enhance the protection of women's inheritance rights and promote gender equality within the inheritance systems of Nigeria and South Africa. Through this comparative lens, the research aspires to contribute meaningfully to the advancement of gender justice and legal reforms in the context of inheritance rights for women in these two African nations.