In Nigeria, many people delay or completely avoid writing a will - leaving their families vulnerable to conflict, confusion, and lengthy court battles. A proper will ensures that your assets are distributed according to your wishes and offers peace of mind to your loved ones.
What Is a Will?
A will is a legal document that outlines how a person’s assets (land, money, personal items, etc.) should be distributed after their death. It also allows the person (called the testator) to appoint guardians for their children and name executors to manage the estate.
Why You Need a Will
Avoid family disputes and litigation
Decide who inherits what
Appoint someone to manage your estate
Provide for minors or dependents
Protect your legacy and intentions
Without a valid will, your estate will be distributed according to customary law or the Administration of Estates Law, which may not reflect your actual wishes.
3. Who Can Make a Will in Nigeria?
Anyone 18 years or older and of sound mind can make a will. In some cases (e.g., soldiers in active duty), the law allows for what is called a privileged will which may not follow the usual requirements.
4. Key Requirements of a Valid Will
It must be written and signed by the testator
It must be witnessed by at least two people
The testator must make the will voluntarily, without pressure or coercion
Optional additions include:
Naming executors to administer the estate
Creating trusts for minors or specific purposes
Including a residuary clause for any assets not specifically mentioned
5. Probate & Execution
After death, the will must go through a process called probate, where the court validates the document and gives legal authority to the executors. This is done through a Grant of Probate.
If a person dies without a will (intestate), the family must apply for Letters of Administration, which often takes longer and can be contested.
6. What About Islamic or Customary Law?
In some regions of Nigeria, customary or Islamic inheritance laws apply. While these systems have their own rules, it is still possible to create a written will that aligns with religious or cultural expectations especially when done through a qualified lawyer.
Conclusion: Writing a will isn't just for the elderly or wealthy it's a smart, protective move for anyone with assets or loved ones. Don’t wait until it’s too late. Speak to a lawyer today and put your wishes in writing.
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