Writing a will is a crucial step in ensuring your assets are distributed according to your wishes. In Nigeria, the process of creating a will is guided by legal frameworks that vary by state and personal circumstances.
Here are ten legal considerations to bear in mind before drafting a will in Nigeria. Adhering to these legalities will ensure that your will is not rendered invalid before a court of competent jurisdiction.
1. Capacity to Make a Will
To write a valid will in Nigeria, the testator must be of sound mind and at least 18 years old. Exceptions exist, such as for military personnel on active duty. For example, a 17-year-old student cannot make a legally binding will, except if serving in the armed forces during a conflict.
2. Understanding Applicable Laws
The law governing wills in Nigeria includes the Wills Act of 1837, applicable in many southern states, and customary or Islamic laws, which may apply in northern states.
While a statutory will might override customary laws, some regions still prioritize customary practices, especially regarding land or inheritance rights.
3. Choice of Executors
The executor manages the estate. Choosing someone trustworthy and capable of handling the role is essential.
It’s advisable to name an alternative executor in case your primary choice is unavailable.
4. Asset Distribution and Customary Laws
In some cases, customary or religious laws might influence inheritance. For instance, under some customary laws, women may be excluded from inheriting property. If a testator’s assets include ancestral land, the customary law of the community may override the will, unless challenged in court.
5. Guardian Appointments for Minors
Parents should appoint guardians for children under 18. This ensures their welfare and access to inheritance.
According to UNICEF, over 12 million Nigerian children are orphans or vulnerable, emphasizing the importance of legal guardianship in wills.
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6. Asset Verification and Documentation
Compile a comprehensive list of your assets, including real estate, investments, and personal belongings. Ensure proper documentation for easy identification and valuation.
A common mistake is overlooking digital assets like cryptocurrencies or online accounts. Include everything.
7. Validity and Witnessing Requirements
A will must be written, signed, and witnessed by at least two independent adults who are not beneficiaries. To avoid disputes, ensure witnesses are neutral parties with no interest in the estate.
8. Tax Implications and Debts
Consider estate taxes and ensure debts are addressed in the will. Creditors must be paid before assets are distributed.
In Lagos State, probate fees can be as high as 10% of the estate’s value.
9. Regular Updates to the Will
Life changes such as marriage, divorce, or acquiring new assets necessitate updating your will.
For example, a will created before marriage might become partially invalid under certain laws unless revised.
10. Safe Storage and Probate Process
Store the original will in a secure location, such as with a lawyer or probate registry. Inform executors of its location.
Lost or destroyed wills often lead to disputes and delays during probate.
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Frequently Asked Questions
1. What makes a will invalid in Nigeria?
A will can be invalid if the testator lacked capacity, it was improperly signed or witnessed, or if undue influence was involved.
2. Can a wife inherit property under customary law in Nigeria?
Under some customary laws, wives may not inherit land, but statutory laws or court judgments often override such practices.
3. Is it mandatory to register a will in Nigeria?
Registration is not mandatory but is recommended for safekeeping and to avoid disputes.
4. What happens if someone dies without a will in Nigeria?
The estate is distributed according to intestacy laws, which vary by state and may include statutory, customary, or Islamic laws.
5. How much does it cost to draft a will in Nigeria?
Costs vary but typically range between ₦50,000 to ₦500,000, depending on the complexity and legal services involved.
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