GUIDE ON WRITING A WILL IN NIGERIA
The need for a will in Nigeria, however, does not necessarily mean impending death. In order to prevent issues that can arise in the event of death, it is only appropriate that one manages the affairs of their family or loved ones.
GUIDE ON WRITING A WILL IN NIGERIA
When an average Nigeria, is requested to write a will, there is always a a mix feeling negativity within. The need for a will in Nigeria, however, does not necessarily mean impending death. In order to prevent issues that can arise in the event of death, it is only appropriate that one manages the affairs of their family or loved ones.
WHAT IS A WILL IN NIGERIA
A will is simply a legal document in which an individual known as the testator, declares how he/she would like his assets to be distributed when he/she dies. The individuals designated to receive any of the property of a testator is called a “beneficiary.” However, writing a will in Nigeria is subject to three main laws, they are:
Statutory laws Customary laws Islamic law
WHAT IS COVERED IN A WILL
Wills typically do not cover some forms of property, such as some insurance policies and retirement funds. This is due to the fact that listing the account's beneficiaries is a requirement when taking out these insurance policies or opening the accounts. The most crucial details to include in your will are who will serve as your executors, who will inherit your assets, and, if there are minors involved, who will serve as their guardian(s).
WHO CAN MAKE A WILL IN NIGERIA
The testator (the person who creates the will) must adhere to the following conditions in order for it to be valid:
Wills can only be drafted by adults. Such an adult must be at least 21 years old under the Wills Act or 18 years old under the Wills Law of the State of Lagos. In Nigeria, a person must be at least 18 or 21, whichever is older, to form a legally binding will.A sound mind is required for someone to create a will. At the time the will is carried out, as well as when the testator makes his or her instructions, the testator must be of sound disposition. There must be no semblance of insanity or madness of any kind. As a result, in order to create a legal will, the testator must comprehend the nature of the acts involved, the scope of his property, the recipients of his wealth, and the method of distribution.
WHAT MAKES A WILL VALID
A will generally isn't valid unless it satisfies the following conditions.
The will must be in writing2. The individual writing the Will must be of legal age i.e. he/she must be at least 18 years old.3. The individual must have what is known as testamentary capacity i.e. they have a sound mind, meaning the testator must know that he or she is making a Will and its effect; understand the nature and extent of the estate, and understand that he or she is disposing of property and assets.4. The will must be signed by the testator and must be attested (witnessed) and signed by the witnesses.5. The will must also have been made by a person who knew and approved of its contents and who was acting of their own free will.
CONTENTS OF A VALID WILL
The full name (including former name and alias), address and occupation of the testator. The name(s) and address(es) of the executor(s) who will be in charge of the testator's assets. The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them. A full list and particulars of the testator's assets, debts inclusive. The names and addresses of witnesses to the will.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080