The creation of a will is meant to ensure that a person’s wishes are honored after their death. However, wills are not immune to disputes, and in Nigeria, family members or interested parties may challenge a will in court. Contesting a will can lead to lengthy legal battles and potentially alter the distribution of assets. Understanding the grounds upon which a will can be contested in Nigeria is crucial for both the testator (person making the will) and the beneficiaries.
In this post, we will explore the common reasons why wills are contested in Nigeria, the legal process involved, and ways to minimize the chances of your will being successfully challenged.
Common Grounds for Contesting a Will in Nigeria
A will can be contested on several legal grounds. For the contest to succeed, the challenging party must provide strong evidence to support their claims. The most common grounds for contesting a will in Nigeria include:
1. Lack of Testamentary Capacity
One of the most common grounds for contesting a will is a claim that the testator lacked the mental capacity to make the will. Under Nigerian law, the testator must be of sound mind when drafting the will. This means that they must fully understand the nature of the document, the extent of their assets, and the potential impact of their decisions on the beneficiaries.
If a person is suffering from mental illness, dementia, or any other condition that impairs their cognitive abilities, their testamentary capacity may be questioned. Medical evidence and witness testimony are often used in court to determine whether the testator had the necessary mental capacity to create the will.
2. Undue Influence
A will may be contested if it is suspected that the testator was coerced or subjected to undue influence when making the will. Undue influence occurs when a person uses manipulation, pressure, or deceit to force the testator into including or excluding certain beneficiaries. This situation often arises in cases where the testator is elderly or dependent on someone for care.
In Nigerian law, proving undue influence requires evidence that the testator’s free will was overpowered by another person. This could include proof of isolation from family, emotional manipulation, or threats.
3. Fraud and Forgery
Fraud or forgery is another valid reason for contesting a will. Fraud occurs when someone deceives the testator into signing a will that they believe reflects their true wishes, but the document has been altered without their knowledge. Forgery occurs when someone creates a false will or alters an existing will by adding or changing provisions without the testator’s consent.
In Nigeria, proving fraud or forgery involves providing evidence such as handwriting analysis, witness testimony, or expert reports. A forged will is automatically invalid under Nigerian law.
4. Failure to Comply with Legal Formalities
In Nigeria, a will must comply with certain legal requirements to be valid. For example, the Wills Act of 1837 (in applicable states) requires that the will be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries. The Administration of Estates Law in other states provides similar requirements.
If a will is not properly signed, witnessed, or executed in accordance with Nigerian law, it may be declared invalid. An improperly drafted will is one of the easiest grounds for contesting a will, as any deviation from legal formalities can render the document null and void.
5. Revocation of the Will
A will may be contested if there is evidence that it was revoked before the testator’s death. In Nigeria, a testator can revoke a will by creating a new one or by physically destroying the original document. If a person dies, and there are claims that the will presented to the court had been previously revoked, the validity of the will can be challenged.
In such cases, the court will examine whether there is a later will or if the original will was intentionally revoked by the testator through other means.
Legal Process for Contesting a Will in Nigeria
Contesting a will in Nigeria is done through the probate court, which has the authority to declare whether the will is valid or invalid. The challenging party must file a caveat at the probate registry, which prevents the granting of probate (the process by which a will is legally recognized and the executor is given the authority to administer the estate).
Once a caveat is filed, the party contesting the will must provide evidence to support their claims. The probate court will then hear the case, and the burden of proof lies with the person challenging the will. If the court finds the will to be invalid, the estate may be distributed according to a previous valid will or under the laws of intestacy if no valid will exists.
How to Minimize the Risk of a Will Being Contested
While there is no way to guarantee that a will won’t be contested, there are steps that can be taken to minimize the chances of a successful challenge:
- Ensure Testamentary Capacity: Make sure that the testator’s mental capacity is well documented, especially if they are elderly or have a history of medical conditions. Medical certificates or affidavits from doctors can help confirm that the testator was of sound mind when creating the will.
- Avoid Undue Influence: To avoid allegations of undue influence, ensure that the testator drafts the will in the presence of an independent lawyer. It’s also helpful to exclude individuals who might benefit from the will from the drafting process.
- Follow Legal Formalities: Ensure that the will is executed according to Nigerian law. This includes having the document signed in the presence of two independent witnesses who are not beneficiaries of the will.
- Review and Update the Will Regularly: Regularly updating the will can help ensure that it reflects the testator’s current wishes and circumstances. Any major life events, such as marriage, divorce, or the birth of a child, should prompt a review of the will.
Conclusion
Contesting a will in Nigeria can be a complex and emotional process, but understanding the legal grounds for such challenges is essential for both testators and beneficiaries. By ensuring that a will is properly drafted, witnessed, and executed, you can minimize the likelihood of it being contested. Taking preventive measures can help protect your legacy and ensure that your assets are distributed according to your wishes, without unnecessary legal complications.