Introduction

In Nigeria, as in many other parts of the world, the drafting of a legal will is one of the most important steps an individual can take to ensure that their wishes are honored after their death. A will serves as a clear and legally binding document that outlines how a person’s assets, property, and other belongings should be distributed among their beneficiaries. Unfortunately, many Nigerians do not fully understand the significance of a will or the process involved in drafting one, which can lead to confusion, legal disputes, and even prolonged family conflict after the person’s passing.

What is a Will and Why is it Important?

A will is a legal document in which an individual expresses their wishes about how their property, assets, and personal belongings should be distributed after their death. It can also include other instructions, such as guardianship of children, the care of pets, and how to handle any debts or liabilities the deceased may have left behind.

The importance of a will cannot be overstated, as it allows you to:

Decide How Your Assets Will Be Distributed: Without a will, Nigerian law will determine how your estate is shared, which may not align with your wishes. For instance, without a will, your spouse may not automatically inherit your property, or certain family members may be overlooked.
Appoint an Executor: An executor is someone you appoint to manage and distribute your estate according to your wishes. This is especially important in cases where you have complex assets or family dynamics.
Minimize Family Disputes: Family members who are left out of a will or feel that they should have received more can often dispute the will. A legally drafted will helps prevent these disputes by clearly outlining your intentions.
Appoint Guardians for Minor Children: A will gives you the authority to name guardians for any children who are underage. Without a will, the court may make this decision, which might not align with your preferences.
Ensure Compliance with Nigerian Law: Nigerian law provides specific rules about how estates should be distributed, but a valid will can override these rules as long as the legal requirements for drafting the will are followed.

The Process of Drafting a Legal Will in Nigeria

Step 1: Understand the Legal Requirements for a Valid Will in Nigeria

For a will to be considered valid in Nigeria, it must meet several legal requirements. These requirements are set out under Nigerian law, particularly the Wills Act (1968), and the Probate Rules of the various states.

To ensure that your will is legally binding, the following conditions must be met:

Age Requirement: The testator (the person creating the will) must be at least 18 years old. This is the legal age at which a person can make decisions regarding the distribution of their property.
Testamentary Capacity: The testator must be of sound mind and capable of making decisions. The testator must understand the nature and extent of their property, the consequences of the will, and the individuals to whom they are distributing their estate.
Written Will: The will must be in writing, whether typed or handwritten. Verbal or oral wills are not recognized in Nigeria, except in specific situations where a person may be unable to write (e.g., illness or emergency).
Witness Requirement: The will must be signed by the testator in the presence of at least two witnesses who are of legal age (18 years and above) and are not beneficiaries of the will. The witnesses must also sign the will in the presence of the testator.
Signature: The will must be signed by the testator at the end of the document. This signature is crucial to authenticate the will and confirm the testator’s consent to its contents.
Clear Intentions: The will should clearly express the testator’s intentions regarding the distribution of their estate. It must be unambiguous and specific, so there is no room for misinterpretation.
Date: A valid will should be dated. This helps to establish the will’s validity and ensures that it is the most recent version if there are multiple wills.

Step 2: Identify and List Your Assets

Before drafting your will, it’s important to take stock of your assets. This includes:

Real Property: Any land or buildings you own, including residential, commercial, and undeveloped property.
Financial Assets: Savings accounts, investment accounts, stocks, shares, and any pension or insurance policies.
Personal Belongings: This includes personal items such as jewelry, vehicles, art collections, antiques, and other valuables.
Debts: Make a list of any outstanding debts or liabilities. A will may include instructions on how these debts should be settled after your death.

Listing your assets is essential in ensuring that the distribution of your estate is fair and complete. It also helps the executor of your will locate and administer your estate once you pass away.

Step 3: Choose an Executor

The executor is the person responsible for ensuring that your will is executed according to your wishes. This person will manage your estate, pay off any debts, and distribute assets to the beneficiaries.

When selecting an executor, consider the following:

Trustworthiness: Choose someone you trust to act in your best interests and fulfill the duties required.
Capability: Your executor should be capable of handling the administration of your estate, including liaising with the probate court, dealing with financial matters, and distributing your assets.
Location: It’s often advisable to select an executor who is in Nigeria or accessible in case legal matters require urgent attention.

You can appoint a family member, friend, or professional (such as a lawyer) to act as your executor. Ensure that they are willing to take on the role, as it requires time and responsibility.

Step 4: Decide How to Distribute Your Assets

After determining your assets and selecting an executor, the next step is deciding how to distribute your estate. Some common ways of distributing assets include:

Specific Bequests: You can leave specific items or amounts of money to individuals. For example, “I leave my diamond ring to my daughter, Jane Doe.”
General Bequests: A general bequest is a specific amount of money or asset, such as, “I leave N500,000 to my son, John Doe.”
Residual Estate: The residual estate is everything left over after specific bequests have been made and debts have been settled. You can divide this among your family members, charities, or other beneficiaries.

It is essential to be clear about who receives what and ensure that you don’t leave anyone out unintentionally. If you have minor children, you can also designate guardianship arrangements.

Step 5: Write and Sign Your Will

Once you’ve decided on the distribution of your assets, the next step is to write the will. You can do this with the assistance of a legal professional such as a lawyer, or if you are confident in your understanding of the process, you may choose to draft it yourself.

The following key elements should be included in your will:

Introduction: Begin with a statement declaring the document to be your last will and testament.
Revocation Clause: A revocation clause states that any previous wills you’ve made are revoked.
Appointment of Executor: Name the individual or entity responsible for executing your will.
Bequests: Clearly specify who will receive which assets.
Guardianship: If you have minor children, include provisions for appointing guardians.
Signature: Sign your will in the presence of two witnesses who must also sign the document.

Remember, the witnesses should not be beneficiaries of the will, as this could lead to legal complications.

Step 6: Store the Will in a Safe Place

Once your will is signed, it is essential to store it in a safe location where it can easily be accessed after your death. Common options include:

A safe deposit box at a bank.
A personal safe in your home.
With your lawyer: Many people choose to store their will with a trusted lawyer or law firm for safekeeping.

Make sure to inform your executor about where the will is stored and provide them with access if necessary.

Common Mistakes to Avoid When Drafting a Will

While drafting a will in Nigeria is relatively straightforward, several common mistakes can cause complications after your death. These include:

Not Updating Your Will: If you experience significant life changes such as marriage, divorce, or the birth of children, it’s important to update your will to reflect these changes.
Not Appointing an Executor: Failing to appoint an executor or not selecting a reliable person can delay the distribution of your estate.
Leaving Ambiguous Instructions: Vague or unclear instructions can lead to confusion and disputes among your beneficiaries.
Not Signing or Witnessing the Will Properly: A will that is not signed or witnessed correctly may be invalid.

Conclusion: Why Drafting a Legal Will is Crucial

A well-drafted legal will in Nigeria ensures that your assets are distributed according to your wishes and that your loved ones are taken care of after your death. By following the process outlined in this guide and seeking legal assistance when needed, you can avoid unnecessary complications and ensure that your legacy is protected.

At Chaman Law Firm, we specialize in helping clients draft legally binding wills and navigate the complexities of estate planning in Nigeria. If you’re ready to take the first step toward securing your future and the future of your loved ones, contact us today for expert legal assistance in drafting your will.

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.

Your peace of mind and the protection of your family’s interests start with a legally sound will. Let Chaman Law Firm guide you through the process!

Everything You Need to Know About Drafting a Legal Will in Nigeria in 6 Proven Steps