Can a Will Made Abroad Cover Property in Ogun State, Nigeria?
Introduction
In an increasingly globalized world, it is common for Nigerians living abroad to own assets both in their country of residence and in Nigeria.
This reality raises a critical legal question: Can a will made outside Nigeria legally cover and transfer ownership of property located in Ogun State?
This article, written by Chaman Law Firm, provides a detailed legal analysis of the validity, recognition, and enforceability of foreign wills in Nigeria — with a specific focus on Ogun State. It examines relevant laws, judicial precedents, and the practical procedures required to ensure that a will made abroad effectively transfers real property located within Nigeria’s jurisdiction.
Understanding the Concept of a Foreign Will
A foreign will is a testamentary document executed outside the jurisdiction of Nigeria by an individual who either resides abroad or owns assets in multiple countries.
Many Nigerians in the diaspora execute wills abroad to cover their global assets — real estate, bank accounts, shares, and properties located in Nigeria. However, the enforceability of such wills depends on whether they satisfy Nigerian succession laws, especially those governing the state where the property is located — in this case, Ogun State.
The key consideration is whether the will complies with the Wills Law of Ogun State, and whether it can be admitted to probate before the Ogun State High Court.
Legal Framework Governing Wills in Ogun State
The legal regime for wills in Ogun State is primarily governed by:
The Wills Law of Ogun State (Cap W2, Laws of Ogun State 2006)
The Administration of Estates Law of Ogun State
The Land Use Act, 1978 (as applicable nationwide)
The Wills Law of Ogun State was adapted from the English Wills Act of 1837, but with local modifications. The law stipulates that:
The will must be in writing.
It must be signed by the testator or by someone under his direction.
It must be attested to by at least two competent witnesses.
The law also provides that any property — movable or immovable — within Ogun State must comply with the local legal regime, even if the will was executed abroad. This position is reinforced by the doctrine of lex situs, meaning the law of the location of the property governs.
Recognition of Foreign Wills Under Nigerian Law
Nigerian law recognizes foreign wills under certain conditions.
Section 9 of the Wills Act 1837 (adopted through common law) provides the framework for recognizing wills executed abroad, provided they are valid by:
The law of the country where the will was executed, or
The law of the testator’s domicile at the time of execution or death.
In practice, Nigerian courts will recognize a foreign will if:
It has been duly authenticated and notarized.
The signatures and witnesses are valid under the foreign country’s laws.
It complies with Nigerian legal requirements for the transfer of immovable property.
However, before such a will can take effect, probate must be obtained or resealed at the High Court of Ogun State. Without probate, beneficiaries cannot legally assume ownership of the property.
Doctrine of Lex Situs and Its Implication
The doctrine of lex situs is fundamental in private international law. It states that the law applicable to real property is that of the place where the property is situated.
Therefore, regardless of where a will was executed — London, New York, or Toronto — the moment it concerns land or buildings in Ogun State, the laws of Ogun State apply.
This principle means that:
Probate or letters of administration must be obtained in Ogun State.
The Land Registry of Ogun State must process and perfect any title transfer.
The foreign will cannot override statutory provisions of the Land Use Act or local probate rules.
Thus, the governing law of the location of the land supersedes any foreign testamentary intention, ensuring compliance with local requirements.
Procedure for Recognizing a Will Made Abroad
To give effect to a will made abroad in respect of property situated in Ogun State, certain procedural steps must be followed meticulously:
1. Authentication of the Foreign Will
The will must first be authenticated in the country where it was made.
This involves notarization, verification by local authorities, and attestation by the Nigerian Embassy or Consulate.
2. Lodging at the Ogun State Probate Registry
An authenticated copy of the will must be filed at the Probate Registry of the High Court of Ogun State. This forms the official record of testamentary disposition within the jurisdiction.
3. Application for Probate or Resealing of Foreign Grant
If probate has already been granted abroad, it must be resealed in Nigeria under Order 63 of the High Court (Civil Procedure) Rules.
Where no probate was issued abroad, a fresh application can be made directly in Ogun State.
4. Payment of Probate Fees and Duties
The Probate Registry assesses and collects fees, stamp duties, and estate taxes payable under the Stamp Duties Law and relevant probate regulations.
5. Registration at the Ogun State Land Registry
Finally, upon issuance or resealing of probate, the property title must be updated at the Ogun State Land Registry to reflect the new owner(s).
Failure to perfect the title renders the beneficiaries’ interest incomplete in law.
Judicial Authorities on the Recognition of Foreign Wills
The Nigerian judiciary has repeatedly upheld the principle that foreign wills can be recognized, provided they satisfy local requirements.
Johnson v. Maja (1951) 13 WACA 290 — The West African Court of Appeal held that the validity of a will disposing of immovable property is governed by the lex situs (law of the land’s location).
In Re Ogundare (1963) LLR 9 — The Lagos High Court recognized a will executed abroad after ensuring it conformed with Nigerian succession laws.
Afolabi v. Adekunle (1983) 2 NWLR (Pt. 109) 354 — The Supreme Court reiterated that Nigerian courts will respect foreign Wills, but they must comply with procedural and evidentiary standards applicable to Nigeria.
These authorities underscore the need for compliance with local laws even when wills are executed overseas.
Key Considerations for Nigerians in the Diaspora
Nigerians abroad who own real estate in Ogun State should adopt preventive legal strategies to ensure smooth inheritance.
Here are the best practices:
Prepare a Separate Nigerian Will:
Draft a distinct will governed by Nigerian law for all assets within Nigeria.
This simplifies probate and avoids cross-jurisdictional disputes.Engage a Nigerian Legal Practitioner:
A qualified property lawyer in Ogun State can ensure your will satisfies local formalities and does not conflict with foreign provisions.Register the Will Locally:
Even if executed abroad, deposit an authenticated copy at the Ogun State Probate Registry. This strengthens enforceability.Avoid Conflicting Provisions:
Ensure your Nigerian and foreign wills are consistent. Contradictions may lead to partial invalidation.Consider Tax and Administrative Implications:
Property transfers through wills may attract stamp duties or estate fees. Legal professionals can help minimize liabilities and ensure compliance.
Role of the Probate Registry and Land Registry in Ogun State
The Probate Registry of the Ogun State High Court plays a central role in validating wills and granting authority for estate administration.
Once the will is accepted and probate granted (or resealed), executors are empowered to manage the estate. The next critical step is the Land Registry, where the executor or beneficiaries must perfect title by:
Paying stamp duties and registration fees.
Submitting certified copies of the probate grant.
Executing a new Deed of Assent transferring ownership to the beneficiary.
Only after this process is the beneficiary recognized as the lawful owner under Nigerian law.
Common Pitfalls and Legal Risks
Many estate disputes arise because of poor drafting, ignorance of local requirements, or reliance on foreign documents without domestic validation. Common pitfalls include:
Failure to authenticate or reseal the foreign grant of probate.
Contradictions between foreign succession laws and Nigerian provisions.
Ambiguous property descriptions that fail to identify Nigerian assets clearly.
Lack of local executors to represent the estate in Nigeria.
Non-compliance with probate and registration rules, leading to rejection or delay.
These pitfalls can invalidate a will or cause years of litigation. Proactive legal consultation in Ogun State prevents such complications.
Why Engage Chaman Law Firm
At Chaman Law Firm, we specialize in property law, probate practice, and estate planning for Nigerians both locally and abroad.
We assist clients in:
Drafting compliant Nigerian wills.
Authenticating and resealing foreign wills.
Managing estate administration in Ogun and Lagos States.
Handling land registration and Governor’s Consent.
Our team provides seamless legal services that ensure your property is transferred to your heirs lawfully and without unnecessary disputes.
Conclusion and Call to Action
A will made abroad can indeed cover property in Ogun State, Nigeria, but only if it complies with Nigerian succession laws and procedures.
The safest legal strategy is to either create a separate Nigerian will or ensure that your foreign will is properly authenticated, lodged, and resealed by the Ogun State Probate Registry.
Without professional guidance, your heirs may face unnecessary obstacles — but with the right legal structure, your wishes can be honored seamlessly.
At Chaman Law Firm, we help Nigerians in the diaspora secure their estates, protect their families, and preserve their legacies.