Introduction

Drafting a will is a crucial step in estate planning that ensures your assets are distributed according to your wishes after your death. In Nigeria, where cultural and religious practices often influence inheritance, having a legally binding will can provide clarity and prevent family disputes. A well-drafted will not only protects your loved ones but also saves them from lengthy legal battles and unnecessary financial burdens.

This comprehensive guide provides all the information you need to know about drafting a legal will in Nigeria. From understanding its importance to the detailed steps involved, you will gain valuable insights into how to protect your legacy and ensure your loved ones’ future security.

What Is a Will?

A will is a legally binding document that outlines how a person (the testator) wishes their assets to be distributed upon their death. It also allows the testator to appoint an executor to oversee the execution of the will and, if applicable, guardians for minor children.

Without a will, the distribution of your estate will follow Nigeria’s intestacy laws, which may not align with your personal wishes or family dynamics.

Why Is Drafting a Will Important in Nigeria?

1. Prevent Family Conflicts

In Nigeria, inheritance disputes are common, especially in cases where a deceased person dies without a will. A well-drafted will reduces the chances of such conflicts by clearly stating how assets should be distributed.

2. Ensure Asset Distribution Reflects Your Wishes

With a will, you can decide who inherits your assets, ensuring that your loved ones and any causes you support are adequately provided for.

3. Protect Minors and Vulnerable Dependents

If you have minor children or dependents, a will allows you to appoint guardians who will care for them after your demise.

4. Simplify the Probate Process

A valid will streamlines the probate process, reducing the time and cost involved in administering your estate.

5. Peace of Mind

Knowing that your affairs are in order provides peace of mind, allowing you to focus on enjoying your life without worrying about what will happen after your passing.

Legal Framework Governing Wills in Nigeria

The creation and execution of wills in Nigeria are governed by several laws, including:

The Wills Act of 1837: This law applies in most states and outlines the general requirements for drafting and executing a will.
State-Specific Laws: For example, Lagos State’s Administration of Estates Law provides additional regulations.
Customary and Islamic Laws: These can influence inheritance rules, especially for individuals governed by customary or Islamic law.

Understanding the applicable legal framework is critical to ensuring that your will is valid and enforceable.

Who Can Draft a Will in Nigeria?

1. Age of the Testator

The testator must be at least 18 years old, except in cases governed by Islamic law, where maturity is determined differently.

2. Mental Capacity

The testator must be of sound mind and capable of understanding the nature and effect of their decisions.

3. Voluntary Intention

A will must be made voluntarily, free from coercion, undue influence, or fraud.

Essential Components of a Valid Will in Nigeria

Clear Identification of the Testator
The will must clearly state the name and address of the testator.
Detailed Asset Inventory
All assets, including real estate, investments, personal belongings, and digital assets, should be clearly listed.
Beneficiaries
The will must specify the individuals or entities entitled to inherit the assets.
Appointment of an Executor
The executor is responsible for managing the estate and ensuring the instructions in the will are carried out.
Guardianship Provisions
If the testator has minor children, the will should appoint a guardian.
Signatures and Witnesses
The will must be signed by the testator and witnessed by at least two independent individuals who are not beneficiaries.

Step-by-Step Guide to Drafting a Legal Will in Nigeria

Step 1: Assess Your Assets

Begin by taking stock of all your assets, including:

Real estate properties.
Bank accounts, stocks, and bonds.
Vehicles, jewelry, and other personal belongings.
Intellectual property and digital assets (e.g., cryptocurrency, social media accounts).

Step 2: Identify Beneficiaries

Decide who will inherit your assets. These could include family members, friends, charitable organizations, or even business partners.

Step 3: Choose an Executor

Select a trustworthy individual or professional who will manage your estate. The executor should be reliable, organized, and impartial.

Step 4: Appoint Guardians for Minor Children

If you have children under 18, appoint a guardian who will care for them in the event of your death.

Step 5: Consult a Legal Expert

Work with an experienced lawyer to draft your will. A lawyer will ensure your will complies with Nigerian laws and addresses any complex issues, such as multiple properties or blended families.

Step 6: Draft the Will

Include all necessary details, ensuring clarity and legal compliance. Avoid vague terms that could lead to disputes.

Step 7: Sign and Witness the Will

Sign the will in the presence of two independent witnesses who will also sign the document. Witnesses must not be beneficiaries.

Step 8: Store the Will Securely

Store the original will in a safe place, such as:

A bank safe deposit box.
With your lawyer.
At the Probate Registry in your state.

Common Pitfalls to Avoid When Drafting a Will

Excluding Key Assets
Forgetting to include all assets can lead to disputes among beneficiaries.
Choosing Biased Witnesses
Witnesses who are beneficiaries can invalidate the will.
Failing to Update the Will
Life changes such as marriage, divorce, or acquiring new assets require updates to your will.
Not Appointing an Executor
Failing to appoint an executor can result in confusion and delays in administering the estate.

FAQs About Drafting a Will in Nigeria

1. Can a Will Be Contested in Court?

Yes, wills can be contested if there are claims of undue influence, fraud, or lack of mental capacity.

2. Is It Necessary to Register My Will?

While not mandatory, registering your will at the Probate Registry adds an extra layer of protection.

3. How Often Should I Update My Will?

Review your will every two to five years or after significant life events to ensure it reflects your current wishes.

How Chaman Law Firm Can Help

At Chaman Law Firm, we specialize in wills, trusts, and estate planning. Our legal experts provide personalized guidance to help you draft a will that reflects your wishes and complies with Nigerian law.

Our Services Include:

Drafting legally binding wills.
Advising on estate planning and tax implications.
Providing probate and administration services.
Updating existing wills to reflect life changes.

Take Action Today: Contact us for a consultation and secure peace of mind for yourself and your loved ones.

Conclusion

Drafting a legal will in Nigeria is an essential step in protecting your assets and ensuring your loved ones are cared for. By understanding the requirements and following the steps outlined in this guide, you can create a will that stands the test of time.

Don’t leave your estate to chance.

Let Chaman Law Firm guide you through the process of drafting a comprehensive will tailored to your needs.

Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.

Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs.

Every Essential thing You Need to Know About Drafting a Legal Will in Nigeria in 8 Steps