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Registering a will in Nigeria is an essential step in estate planning, ensuring that your assets are distributed according to your wishes after death. While drafting a will is vital, registering it provides an added layer of protection by preserving it as a public document that cannot be easily tampered with or destroyed.
This article provides a step-by-step guide on how to register a will in Nigeria, highlighting important legal considerations and unique insights.
A will is a legal document through which a person (testator) declares how their assets should be distributed after their death.
Drafting is the first step. A will must meet specific requirements to be valid under Nigerian law:
Consider engaging a qualified lawyer to ensure the will complies with the provisions of the Wills Act or applicable customary law.
Before registration, the will must be verified to ensure its authenticity and validity.
The testator or their legal representative submits the will to the Probate Registry in the state where the testator resides. Key documents include:
Duplicate or certified true copy of the registered will should be retained by the testator or their legal adviser for reference.
The Probate Registry charges a fee for registration. This varies by state and is usually based on the value of the estate.
For example, in Lagos State, the fee typically ranges between ₦10,000 and ₦50,000.
Once registered, the Probate Registry issues a receipt or certificate of deposit. This serves as proof that the will is officially filed.
In Northern Nigeria, where Sharia law applies, wills must align with Islamic inheritance principles. This limits the testator’s freedom to distribute assets, as specific portions are pre-allocated to heirs under Islamic law.
Even a registered will can be contested in court. Common grounds include:
No, it is not mandatory to register a will in Nigeria. However, registration ensures its security and authenticity, which can prevent disputes.
Yes, a will can be amended by creating a codicil or drafting a new will. The updated document must also be registered to ensure it supersedes the previous one.
The Probate Registry keeps the original registered will. If the testator’s copy is lost, the registry can provide a certified true copy upon request.
Registration fees vary across states but typically range from ₦10,000 to ₦50,000, depending on the estate’s complexity.
Yes, a registered will can be contested on grounds such as undue influence, fraud, or lack of mental capacity at the time of drafting.
Yes, particularly under customary and religious laws. For instance, Islamic law limits asset distribution to prescribed heirs.
Registering a will in Nigeria is a straightforward but essential process for safeguarding your estate. Following the outlined recommendations above and seeking professional guidance will help ensure that your final wishes are respected and legally binding.
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