A will is a crucial legal document that ensures a person’s wishes regarding their property and estate are followed after death. However, not all wills withstand legal scrutiny. In Nigeria, courts frequently nullify wills for various reasons, ranging from procedural errors to external interference. Understanding these reasons is vital for drafting a legally sound will.
Introduction to Wills in Nigeria
A will is a written document through which an individual (the testator) dictates how their estate will be distributed upon their death. In Nigeria, wills are governed by statutes like the Wills Act of 1837 (applicable in southern Nigeria) and various state laws, such as the Administration of Estates Law in Lagos State. These laws provide specific guidelines on creating and executing valid wills.
Seven Reasons Why a Will May Be Declared Invalid
Here are seven key reasons why a will may be declared invalid in Nigeria, along with relevant examples.
1. Lack of Testamentary Capacity
The testator must be of sound mind and over the age of 18 at the time of making the will. This includes understanding the nature of the act, the extent of their property, and recognizing the beneficiaries. If a testator is found to be mentally incapacitated or having any condition impairing their judgment at the time of making the will, it can be declared invalid. For instance, in Johnson v. Maja, the court ruled against a will because the testator was not of sound mind when it was executed.
2. Non-Compliance with Legal Formalities
For a will to be valid in Nigeria, it must adhere to formal requirements, including:
- Written form: Oral wills are generally invalid except under customary law in certain regions.
- Signatures: The testator must sign the will in the presence of at least two witnesses.
- Witnessing: The witnesses must sign the will in the testator’s presence.
Failure to meet any of these requirements can render the will invalid.
3. Undue Influence or Duress
If it can be proven that the testator was subjected to undue influence by another party when creating the will, this can invalidate the document. An example is found in Abiodun v. Okelola, where evidence showed that the testator was coerced into making decisions that favoured a particular beneficiary. The court ruled that such influence compromised the testator’s free will.
4. Fraud or Forgery
Fraudulent alterations or outright forgery can invalidate a will. If someone falsifies the testator’s signature or manipulates the content of the will without their consent, it loses its validity. A study of estate disputes in Lagos State found that fraud accounted for 15% of contested wills between 2010 and 2020.
5. Non-Compliance with Customary Laws
In Nigeria, customary laws can affect how wills are created and enforced. For instance, under Bini Customary Law, certain properties automatically pass to specific heirs regardless of what is stated in a will. In Idehen v. Idehen, a portion of a will was declared invalid because it conflicted with customary inheritance rules which dictated that family property should go to surviving heirs according to traditional practices.
6. Religious Limitations
Wills made by individuals subject to Islamic law must comply with specific regulations regarding inheritance distribution. For example, under Islamic law, a testator cannot bequeath more than one-third of their estate without consent from legal heirs. In Adesubokun v. Yunusa, a will was contested because it failed to adhere to these Islamic principles, leading to its invalidation.
7. Ambiguity or Contradictions in the Will
A will must clearly articulate its intentions regarding the distribution of assets. If there are ambiguous terms or unclear beneficiaries, this can lead to disputes and potential invalidation. For instance, if a testator uses vague language that does not specify who receives what property or fails to identify beneficiaries clearly, as seen in various cases discussed in legal reviews, courts may find such wills unenforceable.
How to Prevent a Will from Being Invalidated
- Seek Professional Guidance: Hire an experienced lawyer to draft and review the will.
- Conduct a Mental Capacity Evaluation: For elderly testators, a medical assessment ensures they are of sound mind.
- Avoid Ambiguities: Use clear and precise language to prevent misinterpretation.
- Follow Legal Formalities: Ensure all signatures and witnesses comply with statutory requirements.
- Store the Will Securely: Protect the will from tampering or destruction by depositing it in a probate registry or law firm.
Frequently Asked Questions (FAQs)
1. What happens if a will is declared invalid in Nigeria?
When a will is invalid, the estate is distributed according to intestacy laws, which follow a predefined formula based on the deceased’s family structure.
2. Can oral wills be valid in Nigeria?
Yes, but only under customary law and in specific situations like emergencies. Oral wills must meet strict conditions, such as being made in the presence of credible witnesses.
3. How can I contest a will in Nigeria?
To contest a will, you must file a petition in the probate court, providing evidence of factors like fraud, lack of capacity, or undue influence.
4. What is the cost of drafting a will in Nigeria?
The cost varies based on factors like the lawyer’s fees and the complexity of the estate, but it typically ranges from ₦50,000 to ₦300,000.
5. Are handwritten wills valid in Nigeria?
Yes, as long as they meet all legal requirements, including proper signatures and witnessing.
Conclusion
Understanding these reasons for potential invalidity is crucial for anyone involved in estate planning or contesting a will in Nigeria. Proper legal guidance and adherence to statutory requirements can help ensure that a will reflects the true intentions of the testator while standing up to scrutiny in court.
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