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Writing a will is a crucial step in ensuring your assets are distributed according to your wishes. In Nigeria, the process of creating a will is guided by legal frameworks that vary by state and personal circumstances.
Here are ten legal considerations to bear in mind before drafting a will in Nigeria. Adhering to these legalities will ensure that your will is not rendered invalid before a court of competent jurisdiction.
To write a valid will in Nigeria, the testator must be of sound mind and at least 18 years old. Exceptions exist, such as for military personnel on active duty. For example, a 17-year-old student cannot make a legally binding will, except if serving in the armed forces during a conflict.
The law governing wills in Nigeria includes the Wills Act of 1837, applicable in many southern states, and customary or Islamic laws, which may apply in northern states.
While a statutory will might override customary laws, some regions still prioritize customary practices, especially regarding land or inheritance rights.
The executor manages the estate. Choosing someone trustworthy and capable of handling the role is essential.
It’s advisable to name an alternative executor in case your primary choice is unavailable.
In some cases, customary or religious laws might influence inheritance. For instance, under some customary laws, women may be excluded from inheriting property. If a testator’s assets include ancestral land, the customary law of the community may override the will, unless challenged in court.
Parents should appoint guardians for children under 18. This ensures their welfare and access to inheritance.
According to UNICEF, over 12 million Nigerian children are orphans or vulnerable, emphasizing the importance of legal guardianship in wills.
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Compile a comprehensive list of your assets, including real estate, investments, and personal belongings. Ensure proper documentation for easy identification and valuation.
A common mistake is overlooking digital assets like cryptocurrencies or online accounts. Include everything.
A will must be written, signed, and witnessed by at least two independent adults who are not beneficiaries. To avoid disputes, ensure witnesses are neutral parties with no interest in the estate.
Consider estate taxes and ensure debts are addressed in the will. Creditors must be paid before assets are distributed.
In Lagos State, probate fees can be as high as 10% of the estate’s value.
Life changes such as marriage, divorce, or acquiring new assets necessitate updating your will.
For example, a will created before marriage might become partially invalid under certain laws unless revised.
Store the original will in a secure location, such as with a lawyer or probate registry. Inform executors of its location.
Lost or destroyed wills often lead to disputes and delays during probate.
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A will can be invalid if the testator lacked capacity, it was improperly signed or witnessed, or if undue influence was involved.
Under some customary laws, wives may not inherit land, but statutory laws or court judgments often override such practices.
Registration is not mandatory but is recommended for safekeeping and to avoid disputes.
The estate is distributed according to intestacy laws, which vary by state and may include statutory, customary, or Islamic laws.
Costs vary but typically range between ₦50,000 to ₦500,000, depending on the complexity and legal services involved.
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The Trusted Advisors – A leading full-service law firm in Lagos, Abuja, Nigeria.
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