Have you ever wondered what would happen to your property, money, or even your children if something happened to you today?
In Nigeria, many families are torn apart by disputes because their loved ones passed away without leaving a valid will. Court cases drag on for years, relationships break down, and assets are lost; all because a simple legal step was overlooked.
Take, for example, Patrick in Lagos who passed away, leaving several properties but no will. His children from two marriages spent years fighting in court, while tenants stopped paying rent because no one knew who the rightful landlord was. That entire conflict could have been avoided if he had written a valid will.
The truth is, writing a will is not just for the wealthy; it’s for anyone who wants peace of mind and control over their legacy. But what exactly makes a will “valid” under Nigerian law? And how can you make sure yours stands the test of time?
Let’s walk through it together.
What Exactly Is a Will?
Think of a will as your voice after you’re gone. It’s a written document that says: “Here’s what I want to happen with my assets, my children, and even my burial wishes.”
Without it, your estate might be divided according to default laws of intestacy, which may not reflect your true intentions.
Who Can Write A Will In Nigeria?
Not everyone can legally write a will. Nigerian law, namely the Will Act of 1837, says you must:
- Be 18 years or older (or 21+ in Lagos for certain property).
Additionally, the court in landmark cases like Banks v. Goodfellow requires that a testator (a person writing a will):
- Be of sound mind, meaning you understand what you’re doing.
- Make the will voluntarily, without pressure or manipulation.
So, if you meet these requirements, you’re qualified to write a will
Steps to Write A Valid Will
1. List Your Assets and Liabilities
Identify everything you own and owe, including:
- Land and houses
- Bank accounts and investments
- Vehicles, businesses, and shares
- Personal belongings such as jewellery or art
- Debts or loans
A comprehensive list avoids confusion and ensures fairness.
2. Choose Your Beneficiaries
Beneficiaries are the people or organisation who will inherit your property. These may include:
- Family members
- Friends
- Charitable or religious organisation
- Business partners
3. Appoint Executors
Executors are trusted individuals who carry out the instructions in your will. It is recommended to appoint at least two executors, especially where minor children or complex estates are involved.
4. Appoint Guardians (If Applicable)
If you have children under 18, clearly state who will take care of them in your absence. This avoids custody disputes and ensures they are raised by someone you trust.
5. Draft The Will Clearly
Your will should include:
- Your full name and address
- A declaration that this is your last will and testament
- Revocation of any previously made will
- A clear breakdown of asset distribution
- Names of executors and guardians (if needed)
- Your signature and the date
While simple wills can be handwritten, it is best to use a lawyer for clarity and legal compliance, especially if your estate involves land, businesses, or multiple beneficiaries.
6. Sign The Will In The Presence Of Witnesses
Under Nigerian law, a valid will must be signed:
- In the presence of at least two credible witnesses
- With both witnesses signing in the presence of the testator
- Witnesses must not be beneficiaries; otherwise, they risk losing their entitlement
7. Safeguard The Will
Your will should be stored in a safe and accessible place, such as:
- The Probate Registry in your state (highly recommended)
- With your lawyer
- A secure family location known to your executors
8. Update The Will When Necessary
A will is not static. It should be updated when:
- You acquire new assets
- You get married, divorced, or have children
- A beneficiary or executor dies
Conclusion
Writing a valid will in Nigeria protects your legacy, ensures your loved ones are cared for, and reduces the risk of legal disputes. While it may seem complex, following the correct legal steps and seeking professional advice makes the process straightforward.
At Njunkim Legal, we help individuals and families draft valid wills that reflect their true intentions while complying with Nigerian law. With our expertise, you can plan confidently and secure peace of mind for the future.