FACTCHECK: Can a mistress claim will of deceased man as posited by X user?

Claim: A post on Instablog9ja claimed that the Lagos State Law allows a “side chic” to contest her “sugar daddy‘s” will even if she is omitted.

Verdict: MISLEADING. Our findings show that a mistress can only contest the will of her deceased lover if she is included in the Will.

Full Text

Infidelity is occasionally a frequent discussion on social media.

Recently, a popular online blog, Instablog9ja, made a post on X (Twitter) with a claim that the Lagos State Law allows a “side chic” (mistress) to contest her “Sugar Daddy‘s” will/testament if she isn’t included in the will. 

A “side chic” is slang in Nigeria that refers to a woman who is in a romantic or sexual relationship with a man who is already married. On the other hand, a Sugar Daddy is a man, usually a married man, who is in a romantic relationship with another woman besides his wife.

The claim emanated from a radio program on the Nigerian Info F.M. 

During the programme, the guest, Iyiosa Ediagbonya, a Private Trust Adviser, was asked if any Nigerian law recognises where beneficiaries of a will are not part of the family, especially when a man had a mistress outside his marriage and still bequeathed all his properties to the mistress’ children.

Responding to this question, Mr Ediagbonya stated that aside from laws that made provisions for beneficiaries of the properties of a deceased person, Lagos State law, in particular, has provisions for dependents to claim the properties of a deceased man.

So, Mr Ediagbonya emphasised that a mistress can only claim the will of a deceased man if she is included in it.

However, posts on X (formerly Twitter) claimed that the Lagos State Law allows a “side chic” to contest her “sugar daddy‘s” will/testament if she is omitted.

Meanwhile, in specific comments on the posts, some X users expressed their doubts about the claim’s authenticity and asked if such a law truly exists in Lagos state.

A user, @CruiseCountry, commented asking, “Which type of law is this?” while another user, @isholaolumide asked, “Where was it written?”.

As of Monday, March 11, 2024, the post has garnered 19,000 views, 122 likes, 67 comments and 35 retweets.

The controversial nature of this claim and the reactions it elicited on social media necessitated this fact-check.

Verification

According to findings, specific rules guide the execution and disposition of a deceased will worldwide. In Lagos State, the Wills Law and the Administration of Estates Law of Lagos State govern the execution and administration of a deceased’s Will and estate. 

While the Wills Law of Lagos regulates the execution of a deceased’s estate where the deceased has made a will, the Administration of Estates Law governs the administration of a deceased’s estate where the deceased died either partly or wholly intestate.

In Section 2(1) of the Wills Law of Lagos State, there are provisions for the family and dependents of a deceased to claim a deceased’s will. Only a deceased person’s wife(wives) and children can claim under this section.

The section states that “………where a person dies and is survived by any of the following persons— (a) the wife or wives or husband of the deceased; and (b) a child or children of the deceased— that person or those persons may apply to the court for an order on the ground that disposition of the deceased estate effected by his will is not such to make reasonable financial provision for the applicant.”

We spoke to Dr Ayodele Oni, a legal professional and a partner at Bloomfield Law Practice, who stated that a mistress can only claim a deceased’s will if she is provided for. 

“Section 1 of the Wills Law of Lagos State empowers a testator to grant his property under his will to whomever he wishes. Hence, where a side-chick has been bequeathed certain benefits under a deceased’s will, the side-chick can validly claim under the will,” Mr Oni added.  

Screenshot of the Wills Law of Lagos State

Conclusion

According to the Wills Law of Lagos State, a mistress can claim a deceased man’s will if she has been endowed with certain benefits under the Will. This shows that Mr Iyiosa’s claim was correct. However, its interpretation of social media is incorrect and misleading.

This fact-check was produced as part of the DUBAWA 2024 Kwame KariKari Fellowship in partnership with Dataphyte to facilitate the ethos of “truth” in Journalism and enhance media and information literacy in the country.