First, what we have to bear in mind is that what in law is family property? However, a family property is the type of property which is meant for the use and enjoyment of the family as a whole. Therefore, there are four ways by which family property can be created these are;
a) By way of declaration of an intention to create family property inter vivos :
This may arise where a deceased land owner, while still alive, expressed an intention to designate the property as family property for the benefit and enjoyment of members of the family only. However, this was illustrated in the case of NELSON V NELSON, where a testator on his death bed left certain self acquired property by oral disposition to his eldest son to take charge of for himself and all the children of the deceased. It was held thať this created an interest for members of the family in law.
b) By purchase of land with family fund :
where family fund is spent to purchase land, the land becomes family property not withstanding the mode of conveyance to the family. This was also illustrated in the case of NELSON V NELSON Supra.
c) By way of declaration of will :
This arises where a deceased landowner before his death, declared in his last will and testament thať property which hitherto was held personally by him, be dealt with as family property on his death, to be held jointly by members of the family. How this was illustrated in the case of JACOBS V OLADUNNI BROS.
d) By way of conveyance :
where the settlor confers property on the family under a valid deed for thať purpose and declares thať the use and enjoyment of the property shall be for named members of a named family, family land is created. This was illustrated in the Case of OLOWOSAGO V ADEBANJO.
e) By way of intestacy :
The rule since the case of ABEJE V OGUNDAIRO is thať where a landowner whose estate is govern by customary law dies intestate, such hand devolves on his heirs in eternity as family property. It is immaterial thať the deceased is survived by only one child.
