How to Draft a Legal Will in Nigeria

A Will is a legal document that outlines how a person’s assets should be distributed after their death. In Nigeria, drafting a Will ensures that your estate is managed according to your wishes while helping to prevent family disputes. Without one, your assets may not be distributed as intended, leading to unnecessary legal battles.

1. Why You Need a Will

Creating a Will offers several important benefits:
✔ It provides control over how your assets are shared.
✔ Additionally, it protects your spouse, children, and dependents.
✔ Preventing conflicts among family members is another key advantage.
✔ A trusted executor simplifies estate management.
✔ Most importantly, it prevents intestacy laws from determining asset distribution.

2. Legal Requirements for a Valid Will in Nigeria

The Wills Act of 1837 and various state laws govern Will drafting in Nigeria. To be legally valid, a Will must meet the following conditions:

• The testator (person making the Will) must be at least 18 years old and of sound mind.
• It must be in writing and signed by the testator.
• At least two witnesses must be present during signing, and they must also sign the document.
• A clear identification of beneficiaries helps prevent misunderstandings.
• An executor should be appointed to handle the estate.

3. Steps to Drafting a Legal Will in Nigeria

Step 1: List Your Assets

Begin by identifying everything you own, including:

• Land and real estate properties
• Bank accounts and investments
• Vehicles and valuables
• Business shares and intellectual property
• Insurance policies and pension funds

Step 2: Choose Your Beneficiaries

After listing your assets, determine who will inherit each one. Providing detailed information about beneficiaries minimizes confusion and prevents legal disputes.

Step 3: Appoint an Executor

Selecting a reliable executor is crucial for carrying out your wishes. This role can be fulfilled by a lawyer, a trusted family member, or a financial institution.

Step 4: Name Guardians for Minor Children

For parents with underage children, choosing a legal guardian ensures their well-being. Before finalizing your decision, confirm that the guardian is willing to take on this responsibility.

Step 5: Write the Will

A well-structured Will should contain:

• Your full name and address
• A statement revoking previous Wills, if applicable
• A detailed list of assets and designated beneficiaries
• The name of your executor(s)
• Special instructions, such as funeral preferences
• Your signature and the date

Step 6: Sign the Will with Witnesses

For legal validity, the Will must be signed in the presence of at least two witnesses. These individuals must also sign the document but cannot be beneficiaries.

Step 7: Store the Will Safely

Keeping the Will in a secure location prevents loss or tampering. Recommended options include:

• A lawyer’s office
• A bank’s custody service
• The probate registry of the High Court

4. Updating and Reviewing Your Will

A Will should not remain unchanged forever. Life events may require updates to keep your estate plan relevant. Consider revising your Will if:
✔ New assets are acquired.
✔ Major life changes occur, such as marriage or divorce.
✔ Family structure changes due to births or deaths.
✔ A significant financial shift takes place.

Regular reviews guarantee that your Will aligns with your current wishes.

5. Probate and Execution of the Will

Following the testator’s passing, the executor must submit the Will to the Probate Registry for validation. Once the court grants a Probate Order, the executor gains legal authority to manage and distribute assets. Additionally, any outstanding debts must be settled before transferring properties to beneficiaries.

6. Can You Write a Will Without a Lawyer?

Yes, but doing so carries risks. While it is possible to draft a Will independently, seeking legal guidance ensures compliance with all requirements. Errors in a Will can lead to disputes, delays, or even invalidation. Consulting a professional minimizes these risks and provides peace of mind.

Conclusion

Drafting a Will in Nigeria is a vital step in protecting your assets and ensuring your loved ones are cared for. By following legal guidelines and seeking professional advice when necessary, you can guarantee that your estate is distributed as intended. Taking action today provides clarity and security for your family in the future.