ULTIMATE PROCEDURES FOR MAKING A WILL IN NIGERIA
INTRODUCTION
The making of a Will in Nigeria is not merely a legal formality, but a powerful testamentary instrument that determines how one’s assets and affairs will be managed after death. In a country as diverse and legally dynamic as Nigeria, making a Will is both a personal decision and a legal responsibility, particularly for individuals who have acquired property, have dependants, or desire to avoid the uncertainties of intestate succession.
This article sets out to explore in great depth the ultimate procedures for making a Will in Nigeria, offering not just a roadmap but practical guidance that empowers citizens, particularly property owners, businesspersons, and family heads to secure their legacy and protect their loved ones.
WHAT IS A WILL?
A Will is a legal document made by a person (the testator) during their lifetime, stating how their property should be distributed upon death. It can include instructions on guardianship of children, burial preferences, management of businesses, and other posthumous matters.
A valid Will in Nigeria ensures that the deceased’s wishes are respected, reduces family disputes, and facilitates the administration of the estate by the named executors.
LEGAL FRAMEWORK FOR WILLS IN NIGERIA
The making of Wills in Nigeria is governed by a combination of statutes and customary law, depending on the jurisdiction and the personal law of the testator.
Relevant Statutes:
- Wills Act 1837 (applicable in some parts of Southern Nigeria)
- Wills Law of various States (e.g., Lagos, Ogun, Enugu, etc.)
- Administration of Estates Law
- Customary Law and Islamic Law (in appropriate cases)
TYPES OF WILLS
- Statutory Will: A Will made in accordance with statutory provisions.
- Customary Will: Reflects customary laws of succession.
- Holograph Will: Handwritten entirely by the testator.
- Joint Will: Made by two or more persons (often spouses).
- Privileged Will: Made by soldiers or seamen in active service.
WHO CAN MAKE A WILL?
Under Nigerian law, any adult of sound mind who is 18 years and above can make a Will, provided the individual is not under undue influence or duress.
ESSENTIAL ELEMENTS OF A VALID WILL IN NIGERIA
To make a valid Will in Nigeria, the following elements must be present:
- Testamentary Capacity: The testator must be of sound mind and legal age.
- Intention: The Will must clearly reflect the testator’s intention to dispose of his property upon death.
- Voluntariness: The Will must not be made under duress or undue influence.
- Proper Execution: The Will must be signed by the testator and witnessed by two competent witnesses.
- Revocability: The testator must have the intention to revoke all previous Wills.
DRAFTING THE WILL
Drafting a Will in Nigeria should ideally be done under the guidance of a legal practitioner to avoid ambiguity, invalid clauses, or future disputes.
Key Clauses to Include:
- Introductory Clause: Identifies the testator and revokes previous Wills.
- Appointment of Executors
- Appointment of Guardians (if children are involved)
- Disposition of Assets
- Residual Clause
- Attestation Clause
CASE LAW: LEGAL INTERPRETATION OF WILLS IN NIGERIA
Let us consider some landmark Nigerian cases that shed light on the interpretation and enforcement of Wills:
1. Ilori v. Ilori (1983) 1 SCNLR 94
The Supreme Court held that Wills made in accordance with the Wills Law will supersede customary laws where applicable.
2. Oke v. Oke (1974) 1 All NLR (Pt. 1) 443
The Court emphasized that a person subject to customary law who chooses to make a Will under statutory law is bound by the provisions of such law.
3. Idehen v. Idehen (1991) 6 NWLR (Pt. 198) 382
The Court reaffirmed the sanctity of a Will and upheld the rights of the testator to freely dispose of his properties.
4. Obi v. Obi (2006) 10 NWLR (Pt. 987) 144
This case underscored the importance of testamentary capacity and proper execution.
PROCEDURAL STEPS FOR MAKING A WILL IN NIGERIA
Step 1: Engage a Competent Legal Practitioner
A lawyer experienced in probate and estate matters is invaluable in helping you draft a valid Will that meets all legal requirements.
Step 2: List All Assets and Liabilities
Take inventory of all properties, including:
- Real estate
- Bank accounts
- Shares and investments
- Vehicles
- Businesses
Step 3: Choose Your Beneficiaries
Clearly state who inherits what. This avoids disputes and ambiguities.
Step 4: Appoint Executors and Trustees
Executors are responsible for ensuring that the wishes in the Will are carried out.
Step 5: Identify Witnesses
Ensure you have two independent and competent witnesses who are not beneficiaries.
Step 6: Execute the Will
The Will must be signed by the testator and the witnesses in each other’s presence.
Step 7: Safekeeping or Lodging at Probate Registry
Keep the Will in a secure place, preferably at the High Court Probate Registry for safekeeping.
COMMON MISTAKES TO AVOID
- Appointing minors as executors
- Failing to update the Will after major life events
- Handwritten Wills without legal guidance
- Not revoking prior Wills
- Improper witnessing
CUSTOMARY AND ISLAMIC LAW CONSIDERATIONS
In the Northern states and some ethnic groups, Islamic and Customary laws may override statutory Wills. However, courts have held that once a person makes a statutory Will, such Will takes precedence over personal law in many cases.
CHALLENGING A WILL
Wills can be contested on the following grounds:
- Lack of testamentary capacity
- Fraud or forgery
- Undue influence
- Improper execution
Legal Authority:
- Section 9, Wills Law of Lagos State 1990
- Evidence Act 2011 on burden of proof
BENEFITS OF MAKING A WILL
- Prevents family disputes
- Protects vulnerable dependants
- Ensures fair and legal distribution
- Speeds up probate process
- Empowers the testator to control distribution
ALTERNATIVES TO WILLS
- Deed of Gift
- Trusts
- Joint Tenancy Arrangements
CONCLUSION
Making a Will in Nigeria is a proactive and legally empowering decision. It is the cornerstone of effective estate planning and a reflection of responsible legacy management. By following the proper procedures, supported by legal counsel and compliance with statutory requirements, individuals can rest assured that their wishes will be honored, and their loved ones protected.
If you are a property owner, family head, or entrepreneur, now is the time to act. Make your Will and secure your legacy.
For professional legal assistance in drafting a Will, contact:
Chaman Law Firm
115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos.
📞 08065553671, 08096888818
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com
We offer expert legal drafting, probate services, estate planning, and inheritance advisory tailored to Nigerian laws. Schedule your consultation today.