Registering a will in Nigeria is an essential step in estate planning, ensuring that your assets are distributed according to your wishes after death. While drafting a will is vital, registering it provides an added layer of protection by preserving it as a public document that cannot be easily tampered with or destroyed.
This article provides a step-by-step guide on how to register a will in Nigeria, highlighting important legal considerations and unique insights.
What Is a Will and Why Should You Register It?
A will is a legal document through which a person (testator) declares how their assets should be distributed after their death.
Why Registration Matters
- Legal Validity: A registered will carries significant weight in probate courts.
- Security: Registered wills are kept in the custody of the Probate Registry, making them less susceptible to tampering, loss, or destruction.
- Transparency: Registration ensures that beneficiaries can access the will when necessary, preventing disputes.
Step-by-Step Guide to Registering a Will in Nigeria
1. Drafting the Will
Drafting is the first step. A will must meet specific requirements to be valid under Nigerian law:
- Capacity: The testator must be at least 18 years old and of sound mind.
- Voluntariness: The will must be made voluntarily, without undue influence or coercion.
- Witnessing: It must be signed by the testator in the presence of at least two witnesses who are not beneficiaries.
Consider engaging a qualified lawyer to ensure the will complies with the provisions of the Wills Act or applicable customary law.
2. Verification of the Will
Before registration, the will must be verified to ensure its authenticity and validity.
- Confirm the testator’s identity.
- Ensure the will is properly executed (signed and witnessed).
3. Submit the Will to the Probate Registry
The testator or their legal representative submits the will to the Probate Registry in the state where the testator resides. Key documents include:
- The original will.
- A cover letter requesting registration.
- Any additional required forms.
Duplicate or certified true copy of the registered will should be retained by the testator or their legal adviser for reference.
4. Pay the Registration Fee
The Probate Registry charges a fee for registration. This varies by state and is usually based on the value of the estate.
For example, in Lagos State, the fee typically ranges between ₦10,000 and ₦50,000.
5. Issuance of a Receipt or Certificate
Once registered, the Probate Registry issues a receipt or certificate of deposit. This serves as proof that the will is officially filed.
Additional Considerations
Customary and Religious Laws
In Northern Nigeria, where Sharia law applies, wills must align with Islamic inheritance principles. This limits the testator’s freedom to distribute assets, as specific portions are pre-allocated to heirs under Islamic law.
Disputes and Challenges
Even a registered will can be contested in court. Common grounds include:
- Allegations of undue influence.
- Claims that the testator lacked mental capacity.
- Disputes over the interpretation of provisions.
Frequently Asked Questions (FAQs)
1. Is it mandatory to register a will in Nigeria?
No, it is not mandatory to register a will in Nigeria. However, registration ensures its security and authenticity, which can prevent disputes.
2. Can a will be amended after registration?
Yes, a will can be amended by creating a codicil or drafting a new will. The updated document must also be registered to ensure it supersedes the previous one.
3. What happens if a registered will is lost?
The Probate Registry keeps the original registered will. If the testator’s copy is lost, the registry can provide a certified true copy upon request.
4. How much does it cost to register a will in Nigeria?
Registration fees vary across states but typically range from ₦10,000 to ₦50,000, depending on the estate’s complexity.
5. Can a registered will be contested?
Yes, a registered will can be contested on grounds such as undue influence, fraud, or lack of mental capacity at the time of drafting.
6. Are there restrictions on what can be included in a will?
Yes, particularly under customary and religious laws. For instance, Islamic law limits asset distribution to prescribed heirs.
Conclusion
Registering a will in Nigeria is a straightforward but essential process for safeguarding your estate. Following the outlined recommendations above and seeking professional guidance will help ensure that your final wishes are respected and legally binding.
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