What to Consider Before Writing a Will
Introduction
Writing a Will is one of the most critical steps in ensuring your legacy, wishes, and family are well protected after your demise. Yet, in Nigeria, and many parts of the world, the concept of estate planning is often overlooked or delayed—leaving families in chaos and conflicts over property distribution. This article will guide you through everything you need to consider before writing a Will, ensuring legal soundness, family peace, and protection of your assets.
Whether you are a landlord, a business owner, a parent, or simply a responsible adult planning for the future, this ultimate guide will empower you with actionable knowledge to make an informed decision.
1. Understand What a Will Is
Before writing a Will, it’s essential to understand what it means legally.
Definition of a Will
A Will is a legal document that states how a person wants their assets distributed upon death. It typically includes instructions for the appointment of executors, guardians for minors, and directions for debt payments, funeral wishes, and asset sharing.
Under Nigerian law, particularly the Wills Act of 1837 (applicable in many parts of Southern Nigeria), a Will must be made voluntarily, in writing, and signed in the presence of witnesses to be valid.
2. Assess Your Legal Capacity and Mental State
You must have the legal and mental capacity to make a Will. In legal terms, this means you must:
Be at least 18 years old (though customary law may vary)
Be of sound mind and memory
Understand the nature and effect of the Will
Know the extent of your assets
Be aware of the people who may have claims on your estate
Any Will made under duress, undue influence, or mental incapacity can be challenged in court.
3. Inventory of Assets
Before drafting your Will, make a list of all your properties and assets. This includes:
Landed property (houses, estates, farmland)
Bank accounts
Investments (shares, stocks, mutual funds, crypto, etc.)
Vehicles
Business interests
Digital assets (social media, domain names, online businesses)
Insurance policies
Valuables (jewelry, artwork, collections)
This step ensures that you account for everything and can distribute it according to your wishes.
4. Identify Your Beneficiaries
Decide who will benefit from your estate. These could include:
Your spouse
Children (biological and adopted)
Extended family members
Friends
Charities
Religious organizations
Clearly naming beneficiaries and what they are entitled to can prevent family disputes.
5. Choose Your Executors
Executors are individuals appointed to carry out the instructions in your Will. Choose someone who is:
Trustworthy
Financially literate
Emotionally stable
Ideally younger or in good health
You may appoint more than one executor and even professionals like lawyers or banks to serve as executors.
6. Consider Guardians for Your Minor Children
If you have children under 18, appoint a guardian in your Will. Consider:
The guardian’s relationship with your children
Financial capability
Shared values and religion
Stability of the guardian’s household
Failure to appoint a guardian can lead to family court interventions.
7. Understand Applicable Laws (Customary, Statutory, and Islamic)
In Nigeria, estate distribution can be influenced by:
Statutory Law – based on the Wills Act
Customary Law – in some ethnic groups, properties may be inherited based on cultural traditions
Islamic Law – under Sharia law, only one-third of an estate may be disposed by Will
You must understand which legal regime applies to you, especially in cases of mixed marriages or dual cultural backgrounds.
8. Factor in Debts and Liabilities
Your estate must settle any debts before distributing assets. Debts may include:
Mortgages
Loans
Credit card debts
Business liabilities
Tax obligations
Your Will should provide a framework for debt settlement and nominate which assets may be liquidated to settle them.
9. Be Specific and Clear in Language
Ambiguous language can render a Will contestable. Be clear and use full names, addresses, and unambiguous descriptions of assets and beneficiaries.
10. Decide on Funeral and Burial Wishes
You can include your preferences for:
Type of burial (traditional, religious, cremation)
Burial location
Instructions for ceremonies or religious rites
Though not legally binding, executors usually honor such wishes.
11. Prepare for Dispute Avoidance
Family disputes often arise from Wills. To prevent this:
Discuss your intentions with key family members (optional but helpful)
Use a lawyer to draft your Will
Keep your Will updated
Add a “no-contest” clause (where allowed)
12. Know What You Cannot Include in a Will
A Will cannot:
Disinherit a spouse without cause (especially under customary or Sharia law)
Bequeath jointly owned property unless your share is defined
Distribute pension benefits that require a nominated beneficiary
Override statutory entitlements or community property laws
13. Engage a Legal Professional
DIY Wills are risky. A lawyer helps:
Ensure compliance with legal requirements
Address family complexities (multiple marriages, adopted children, etc.)
Manage tax implications
Draft a legally enforceable and water-tight document
14. Drafting the Will
Key components of a Will include:
Title (“Last Will and Testament of…”)
Declaration of capacity and intent
Appointment of executors and guardians
List and description of assets
Instructions for debt settlement
Distribution clauses
Signature and date
Witnesses (at least two competent witnesses)
15. Witnessing the Will
Under Nigerian law:
The testator must sign the Will
Two or more witnesses must sign in the presence of the testator
Witnesses must not be beneficiaries
Failure to follow these procedures may invalidate the Will.
16. Safe Storage and Accessibility
After writing your Will:
Store the original in a safe place
Leave a copy with your lawyer or executor
Consider lodging the Will at the Probate Registry
Inform your executor(s) where to find it
17. Review and Update Your Will
Life changes, and so should your Will. Update it when:
You get married, divorced, or remarried
A child is born or adopted
A beneficiary dies
You acquire or dispose of significant property
There’s a major financial or family shift
18. Consider a Codicil
A codicil is a supplementary document that amends your existing Will without rewriting the entire document. It must also be signed and witnessed.
19. Alternative Estate Planning Tools
Besides a Will, consider:
Trusts (to manage wealth long-term)
Power of Attorney (in case of incapacitation)
Living Wills (for health decisions)
Joint Tenancy (for seamless asset transfer)
Gifts inter vivos (lifetime gifts)
20. Probate Process in Nigeria
Upon death, your Will is submitted to the Probate Registry, and the court issues a Grant of Probate to the executors. This process:
Confirms the validity of the Will
Authorizes executors to distribute assets
May involve publication and objections
Having a valid Will makes the probate process smoother and faster.
Conclusion
Writing a Will is not just for the rich—it is for anyone who values peace of mind, family unity, and legacy. Whether you’re a professional, landlord, entrepreneur, or retiree, planning your estate is one of the wisest decisions you can make.
Take time to understand the legal, emotional, and practical aspects involved, and consult a lawyer to ensure your Will is comprehensive, valid, and legally binding. At Chaman Law Firm, we are always available to guide you through the entire process with professionalism, confidentiality, and care.
Contact Us
At Chaman Law Firm, we understand that writing a Will is not just a legal formality—it is a bold and responsible step towards protecting your loved ones, preserving your estate, and ensuring that your wishes are honoured with dignity and precision. Whether you are a high-net-worth individual, a business owner, or simply someone who values structure and peace of mind, our expert team of legal professionals is here to guide you through every step of the estate planning process.
✅ Book a confidential consultation with us today to:
Understand the legal requirements of Will-making in Nigeria
Draft a Will that is enforceable, detailed, and free from ambiguity
Ensure proper asset distribution and prevent family disputes
Include trusts, guardianship for minors, and other advanced estate tools
Get professional legal advice tailored to your unique circumstances
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
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