By OMOLARA GARUBA

For five years, two women and their children battled in court over one question: Who was the legal wife?

The answer eventually came from the Lagos High Court on June 17, 2026, and it serves as an important reminder that when it comes to inheritance, emotions do not determine outcomes—documents do.

The cost of assumptions

Many people believe that once a couple separates for years, the marriage has effectively ended. Others assume that living together, having children together, or even holding a wedding ceremony automatically creates legal rights.

Unfortunately, the law does not work that way.

The court held that Dr. Ajayi’s first marriage had never been legally dissolved. Although the couple had lived apart for many years, no court-issued divorce had been obtained. As a result, the first wife remained the only legally recognised spouse.

The judgment reinforced a critical principle:

Separation is not divorce.

A marriage contracted under Nigerian statutory law remains valid until a court issues a final divorce decree.

Why women should pay attention

This case is not just a legal story. It is a wealth protection story.

Many women invest years in relationships believing they are protected, only to discover during probate proceedings that they have no legal standing.

The woman Dr. Ajayi lived with for years was recognised as the mother of his children, but she was not recognised as a legal spouse for inheritance purposes. Consequently, she could not claim the rights reserved for a lawful wife under the law.

The lesson is simple:

Never assume your legal status. Verify it.

Before entering a marriage, especially where a previous marriage exists, insist on seeing evidence that the earlier marriage has been legally dissolved.

The Bigger Problem: Dying Without a Will

While the court case focused on marriage, the real tragedy may have been the absence of a Will.

Had Dr. Ajayi left a properly drafted Will, he could have made clear provisions for the people he cared about and significantly reduced the likelihood of years of litigation.

Instead, the law had to decide.

And when you die without a Will, your wishes become secondary to statutory formulas.

This is why estate planning is not just for the elderly or the ultra-wealthy. It is for anyone who owns assets, supports loved ones, or wants a say in what happens after they are gone.

My final thoughts

of the most important truths in wealth building is that creating wealth is only half the journey. Preserving and transferring it successfully is the other half.

The Ajayi case reminds us that the law recognises documents, not assumptions; legal status, not social perception; and proper planning, not intentions left unspoken.

As women, we must not only build wealth—we must protect it, structure it, and ensure it passes on according to our wishes.

Because when it comes to legacy, hope is not a strategy. Planning is.

Until next week, remember: Wealth is built intentionally, but legacy is preserved through planning. I understand the high court verdict is being appealed, so let’s watch for the outcome of the court of appeal. (Saturday Tribune)

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