Foreign Wills and Lagos Property: What You Need to Know

Introduction

In an age of global mobility, countless Nigerians and foreign nationals now own property in Lagos—Nigeria’s commercial heartbeat. From high-value apartments in Ikoyi to investment lands in Ibeju-Lekki, ownership frequently crosses borders. Yet, one critical question continues to arise in legal consultations:

Can a will made abroad effectively govern property located in Lagos?

This question is more than academic—it affects the enforceability of your estate plans, the rights of your beneficiaries, and the peace of your family after your passing.

Understanding how foreign wills interact with Lagos property law is vital for anyone who lives abroad but owns assets in Nigeria. In this guide, we will break down every essential detail: the legal framework, recognition process, registration requirements, and practical steps for ensuring your foreign will is valid and enforceable in Lagos State.

1. Understanding the Concept of a Will

A will is a written declaration of a person’s wishes as to how their property should be distributed after their death. It takes effect only upon the death of the testator.

In Nigeria, the law recognizes both domestic wills (made within Nigeria) and foreign wills (executed in another country but seeking to dispose of property in Nigeria).

However, while a domestic will is straightforward, a foreign will involving Lagos property requires compliance with Nigerian laws before it can be validly enforced.

2. What Is a Foreign Will?

A foreign will refers to any testamentary document executed outside Nigeria, according to the laws of another jurisdiction, but which disposes of assets located within Nigeria—especially real property in Lagos.

For example, a Nigerian living in the United Kingdom who writes a will under UK law to distribute his house in Lekki has made a foreign will.

The core legal issue becomes whether that will—executed abroad—is valid under Lagos State succession laws and whether it can be admitted to probate in Nigeria.

3. The Legal Framework for Foreign Wills in Lagos

The laws governing foreign wills and their applicability to Lagos property include:

Wills Law of Lagos State, 1990 (as amended)
Governs the making, execution, and validity of wills within Lagos.
Probate Rules and Administration of Estates Law of Lagos State
Provides procedures for obtaining probate or letters of administration for estates.
Foreign Judgments (Reciprocal Enforcement) Act, Cap F35 LFN 2004
Recognizes judgments and grants of probate obtained in other jurisdictions under certain reciprocity conditions.
Land Use Act, Cap L5 LFN 2004
Regulates ownership and transfer of land, which forms the subject matter of most Lagos property wills.
Evidence Act, 2011
Governs admissibility of foreign documents in Nigerian courts, including wills executed abroad.
Conflict of Laws Rules (Private International Law)
These rules determine which country’s law applies when a will involves property across borders.

4. The Principle of Lex Situs – Law of the Location

One of the most important legal doctrines governing foreign wills is the Lex Situs principle, meaning “the law of the place where the property is situated”.

In simpler terms, landed property in Lagos is governed by Lagos law, regardless of where the will was made.

Therefore, even if a will is perfectly valid under English law, it cannot dispose of land in Lagos unless it also complies with Nigerian legal requirements for property transfer.

5. Validity of Foreign Wills in Lagos: Dual Compliance Requirement

For a foreign will to be valid in Lagos, it must satisfy dual compliance:

Formal Validity – The will must comply with the laws of the place where it was executed (e.g., UK, USA, Canada).
Substantive Validity – It must also comply with Lagos State laws governing the disposition of property within its jurisdiction.

Failure to satisfy both can render the will unenforceable concerning Lagos property.

6. The Role of Probate in Recognizing Foreign Wills

To give effect to a foreign will concerning Lagos property, probate must be obtained in Nigeria.

The process involves:

Lodging the foreign will with the Probate Registry of the High Court of Lagos State.
Filing an application for Resealing of Probate (if probate has already been granted abroad) or for Original Probate if not yet obtained.
Providing authenticated copies of:
- The foreign will.
- Death certificate of the testator.
- Grant of probate or letters of administration from the foreign jurisdiction (if applicable).
- Affidavit of foreign law confirming compliance.

Once the court is satisfied, the Lagos Probate Registry issues a local grant, giving the executor authority to deal with the Lagos property.

7. The Resealing of Foreign Grants in Nigeria

The Resealing Procedure is governed by Section 2 of the Foreign Wills (Resealing) Act, Cap 59, LFN 1958 and applicable probate rules.

Conditions for Resealing:

The will must have been duly probated in a Commonwealth country.
The grant must emanate from a court recognized by Nigeria.
The Lagos High Court must be satisfied as to authenticity and due execution.

If satisfied, the court reseals the grant—effectively giving it the same force as a Nigerian probate.

8. Countries Whose Probate Grants Can Be Resealed in Nigeria

Nigeria generally allows resealing of probate from Commonwealth jurisdictions, including:

United Kingdom
Canada (Commonwealth provinces)
Australia
Ghana
South Africa
Kenya

However, non-Commonwealth wills (e.g., from the USA, France, or UAE) cannot be resealed automatically. A fresh probate application must be made in Lagos.

9. What If the Foreign Will Conflicts with Nigerian Law?

Certain provisions in a foreign will may contravene Nigerian or Lagos law. For instance:

Attempting to transfer land held under government acquisition.
Disposing property contrary to customary law succession where applicable.
Failing to comply with the Land Use Act’s Governor’s Consent requirement.

In such cases, Nigerian courts will apply local law to the Lagos property portion of the estate, even if the rest of the will is enforced abroad.

10. Dual Wills for Nigerians in Diaspora

For Nigerians who live abroad but own Lagos property, lawyers often recommend dual wills:

One will for assets located abroad.
Another will (a Nigeria Property Will) for assets located within Lagos or Nigeria.

This separation avoids conflicts, simplifies probate, and ensures faster administration of estates.

11. Language, Format, and Execution Requirements

A foreign will must:

Be in writing and signed by the testator.
Be witnessed by at least two competent persons (over 18, not beneficiaries).
Contain clear testamentary intent.
Be authenticated or notarized if executed abroad.
Be translated into English (if written in another language) before presentation in Nigeria.

12. Land Registration and Title Perfection in Lagos

Even after probate is granted, executors must perfect title at the Lagos State Lands Registry before transferring property to beneficiaries.
This involves:

Obtaining Governor’s Consent.
Paying Stamp Duties and Capital Gains Tax.
Registering the Deed of Assent or Vesting Deed.
Updating the land file to reflect the new ownership.

13. Tax and Fiscal Considerations

Although Nigeria does not impose inheritance tax, property transfers under a will may attract:

Stamp Duties (on Deed of Assent).
Capital Gains Tax (if sale or transfer generates gain).
Ground Rent arrears.
Estate administration expenses.

Proper tax planning ensures the estate’s value is preserved for beneficiaries.

14. Recognition of Non-Commonwealth Foreign Wills

If a will is made in a non-Commonwealth jurisdiction (like the U.S.), Nigerian courts require:

A fresh probate application in Lagos.
Certified copies of the will, death certificate, and executor’s affidavit.
Proof of compliance with foreign law (via affidavit of law).
Local legal representation.

In effect, the Nigerian probate process starts afresh, independent of the foreign probate.

15. The Role of Lawyers in Enforcing Foreign Wills

Only experienced lawyers versed in both property law and estate administration can effectively manage cross-border wills.

Their duties include:

Verifying property titles.
Translating and legalizing foreign documents.
Filing resealing or fresh probate applications.
Perfecting title transfers at the Lands Registry.
Advising on tax, compliance, and inheritance planning.

At Chaman Law Firm, our expertise in international property succession ensures seamless administration for clients in Nigeria and abroad.

16. Common Challenges in Enforcing Foreign Wills in Lagos

Unregistered or encumbered property titles.
Discrepancies between Nigerian and foreign legal systems.
Failure to obtain Governor’s Consent.
Absence of original will or probate documents.
Delay in resealing due to incomplete paperwork.
Disputes among family members or executors.

Each of these challenges can delay inheritance distribution and expose the estate to litigation.

17. How to Avoid Conflicts and Delays

To prevent complications:

Always maintain two separate wills for assets in different jurisdictions.
Engage a Nigerian property lawyer to vet your Lagos titles.
Ensure all properties have valid Certificates of Occupancy (C of O) or Deeds of Assignment.
Use a corporate trustee to manage Nigerian assets.
Keep copies of your will and documents accessible to your executor.

18. The Role of Customary Law in Lagos Property Succession

Where a foreign testator is Nigerian by origin, customary law may still apply if:

The person did not completely renounce traditional practices.
The will conflicts with customary inheritance rights.

However, courts increasingly uphold written wills—especially where the testator clearly expressed intentions regarding property distribution.

19. Case Study: UK Will Covering Lagos Property

Scenario:
Mr. Adeyemi, a UK resident, wrote a will in London leaving his Lekki home to his children. The will was valid under English law and probated in the UK.

Action Taken:
His Lagos lawyers applied to the High Court of Lagos State to reseal the UK probate under the Foreign Wills (Resealing) Act.

Outcome:
The court resealed the grant after verifying authenticity. The executors then obtained Governor’s Consent and registered a Deed of Assent transferring the property to the beneficiaries.

This case highlights the importance of engaging local counsel early in the process.

20. The Importance of Estate Planning for Nigerians Abroad

For Nigerians in the diaspora, estate planning should include:

Dual wills (foreign and Nigerian).
Property trust arrangements for children.
Nomination of professional executors in Nigeria.
Periodic review of wills as new properties are acquired.

This ensures your Lagos assets remain protected regardless of your location.

21. Dispute Resolution in Foreign Will Cases

If disputes arise regarding a foreign will, Lagos courts handle:

Interpretation of will provisions.
Challenges on validity, undue influence, or forgery.
Executor misconduct or removal.
Claims by omitted beneficiaries.

Alternative Dispute Resolution (ADR)—especially mediation or arbitration—offers faster, confidential settlement.

22. The Role of the Probate Registry of Lagos State

The Probate Registry is the administrative arm of the Lagos High Court responsible for:

Receiving applications for probate or resealing.
Issuing grants.
Supervising executors and administrators.
Keeping estate records.

Only after obtaining a valid grant can executors lawfully deal with the Lagos property.

23. Electronic and Digital Wills: Are They Valid in Nigeria?

Nigeria’s legal system has not yet fully adopted digital or electronic wills.
A will must still be signed in wet ink and witnessed physically.

Foreign electronic wills (e.g., DocuSign versions) will not be recognized unless re-executed or re-verified in physical form before submission in Lagos.

24. Professional Tips for Testators and Executors

Always consult both local and foreign lawyers.
Register your will with the Lagos Probate Registry.
Update your will every three years.
Keep duplicates in secure, accessible locations.
Avoid joint ownership confusion—clarify ownership in title documents.
Document your intentions in writing and through legal channels.

25. How Chaman Law Firm Assists with Foreign Wills

At Chaman Law Firm, we offer specialized services for:

Drafting and registering Nigerian property wills.
Resealing foreign grants and probates.
Title verification, perfection, and Governor’s Consent.
Cross-border estate administration.
Legal representation for foreign executors.
Property trust creation for diaspora families.

Our firm provides seamless coordination between foreign executors and Lagos authorities, ensuring compliance and peace of mind.

Conclusion

Owning property in Lagos while living abroad is a mark of success—but without proper legal planning, it can become a source of dispute.

A foreign will, when properly structured and registered, ensures that your property in Lagos transfers smoothly to your chosen heirs without confusion or litigation.

The key is compliance with both foreign and Nigerian laws, guided by competent legal experts who understand the interplay between global estate planning and Lagos property regulations.

Call to Action

If you have property in Lagos but reside abroad, don’t leave your estate to chance. Let our firm help you structure your foreign or dual will correctly, ensuring full recognition and enforceability under Nigerian law.

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com