Procedures for Making a Will in Nigeria

Quick answer: Procedures for Making a Will in Nigeria 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.

ULTIMATE PROCEDURES FOR MAKING A WILL IN NIGERIA

INTRODUCTION

WHAT IS A WILL?

LEGAL FRAMEWORK FOR WILLS IN NIGERIA

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?

ESSENTIAL ELEMENTS OF A VALID WILL IN NIGERIA

• 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

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

1. Ilori v. Ilori (1983) 1 SCNLR 94

2. Oke v. Oke (1974) 1 All NLR (Pt. 1) 443

3. Idehen v. Idehen (1991) 6 NWLR (Pt. 198) 382

4. Obi v. Obi (2006) 10 NWLR (Pt. 987) 144

PROCEDURAL STEPS FOR MAKING A WILL IN NIGERIA

Step 1: Engage a Competent Legal Practitioner

Step 2: List All Assets and Liabilities

• Real estate
• Bank accounts
• Shares and investments
• Vehicles
• Businesses

Step 3: Choose Your Beneficiaries

Step 4: Appoint Executors and Trustees

Step 5: Identify Witnesses

Step 6: Execute the Will

Step 7: Safekeeping or Lodging at Probate Registry

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

CHALLENGING A WILL

• 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

When to speak with a lawyer

Speak with Chaman Law Firm before taking a step that may affect your rights, property, business, family, or dispute position. You can book a consultation or review the relevant practice area for more context.