In Nigeria, the importance of making a will cannot be overemphasized. Despite common misconceptions, a will is not just for the wealthy—it is a vital legal document that helps ensure that your assets are distributed according to your wishes after your death. Whether you own property, have investments, or simply want to provide for your loved ones, making a will offers a layer of protection for your legacy and gives you control over how your estate is handled.
What is a Will?
A will is a legal document that outlines how a person’s assets, including property, money, and personal belongings, should be distributed after their death. It also provides instructions for the care of any dependents, such as children or vulnerable family members. In Nigeria, the making and execution of wills are governed by statutes such as the Wills Act of 1837 (which applies in some southern states), and the Administration of Estates Law.
Why You Need a Will
- Ensuring Your Wishes are Followed
Without a will, your estate will be distributed according to the rules of intestacy. In Nigeria, intestacy laws, which vary across states, dictate how a deceased person’s assets are divided. Often, these rules do not reflect the individual’s personal wishes. By creating a will, you can decide exactly who inherits what and under what conditions.
- Reducing Family Disputes
The death of a loved one can sometimes lead to disagreements among family members, particularly regarding the distribution of assets. A well-written will reduces the chances of conflict because it clearly spells out the deceased’s intentions, leaving little room for dispute. In a multicultural society like Nigeria, where customs and legal systems sometimes clash, a will can prevent unwanted interpretations of traditional laws of inheritance.
- Providing for Loved Ones
A will ensures that your dependents, including children, elderly parents, or a spouse, are adequately provided for. You can designate a guardian for minor children and allocate specific portions of your estate to ensure their well-being. This is particularly important in Nigerian society, where extended family obligations may create uncertainty about who assumes responsibility.
- Avoiding Intestacy Issues
In many cases of intestacy (when someone dies without a will), the Nigerian legal system follows the state’s intestacy laws. For example, in Lagos State, the Administration of Estate Law of Lagos 1994 applies. This could lead to your assets being distributed among family members in ways that you did not intend. In some ethnic customs, these rules may also exclude spouses or daughters from inheriting valuable property.
Key Elements of a Valid Will in Nigeria
To ensure your will is legally binding in Nigeria, it must meet certain requirements:
- Testamentary Capacity: The person making the will (testator) must be of sound mind and at least 18 years old, although there are exceptions for military personnel.
- Intention: The testator must intend for the document to be their final will, outlining the distribution of their estate.
- Signature and Witnesses: A valid will must be signed by the testator in the presence of at least two witnesses, who must also sign the will. The witnesses should not be beneficiaries under the will to avoid any conflict of interest.
- Free Will: The testator must not be under any undue influence or coercion when making the will.
How to Start the Process
To create a will in Nigeria, it’s advisable to consult a lawyer who specializes in estate planning. The Law Firm of KpLaw LLP, can guide you through the process, ensuring your will is drafted according to legal standards and reflecting your true intentions. Our lawyers can also store the will in a safe place and register it with the probate registry.
Conclusion
Creating a will is a simple but powerful tool to protect your assets and ensure that your loved ones are taken care of after your death. In Nigeria, where legal and cultural complexities often intersect, making a will is the most effective way to safeguard your legacy and prevent family disputes. By doing so, you not only give yourself peace of mind but also provide a lasting gift of clarity and protection to those you care about.