Foreign Wills and Lagos Property: What to Know

Quick answer: Foreign Wills and Lagos Property: What to Know is a public legal-education guide. The correct legal step may depend on the facts, documents, location, timing, and current law, so readers should seek tailored legal advice before acting.

This article is provided for general legal education only and is not a substitute for advice on a specific matter.

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.