The Affidavit of Living Spouses is a declaration used primarily to clarify family lineage and inheritance rights in the context of polygamous settings, which are common under Customary and Islamic Law in Nigeria.
However, it is also used in monogamous contexts to verify current marital status for record-keeping. The document details the number and identity of the spouses currently married to the deponent.
Inheritance and Pension
When a person (usually a man in a polygamous union) dies or retires, distributing benefits or the estate can be complex. Pension Fund Administrators and Probate Registries need to know exactly how many wives are legally recognized to calculate portions of the estate. This affidavit, sworn by the husband while alive (or by the wives/eldest son after death), lists the validly married spouses.
Proof of Status
It acts as a safeguard against fraudulent claims by individuals pretending to be spouses after a wealthy individual passes away. By listing the spouses on oath, the deponent solidifies the family structure in the eyes of the law. It must list the full names of the spouse(s) and potentially the dates of marriage.
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