Things to Know About Making a Will in Nigeria.

By P.L Osakwe

■ INTRODUCTION

What is a Will?

A Will is a legal document in which a person (the testator) states how their property should be distributed after death.

A valid Will speaks from death and guides the management and distribution of the estate.

2. Who Can Make a Will?

■ Must be at least 18 years old (21 under some customary laws)
■ Must be of sound mind
■ Must make the Will voluntarily, without coercion or undue influence

3. Types of Wills in Nigeria.

■ Simple Will: Standard written Will
■ Joint Will: Made by two or more persons (rare and risky)
■ Holograph Will: Handwritten by testator (not recommended without legal guidance)
■ Privileged Will: Made by soldiers or mariners during active duty
■ Customary Will: Recognized under native law but not always enforceable

4. Legal Requirements for a Valid Will

According to the Wills Act (applicable in the FCT and some states) and state Wills Laws:

■ Must be in writing
■ Must be signed by the testator
■ Must be witnessed by at least two persons who are not beneficiaries
■ Witnesses must sign in the presence of the testator

5. Executors Must Be Appointed.

■ An executor is a person appointed to carry out the Will
■ Choose someone trustworthy, ideally with basic understanding of law or finance

6. Assets You Can Include in a Will.

■ Real property (land, buildings)
■ Movable property (cars, jewellery, bank accounts)
■ Shares and investments
■ Digital assets (e.g., Bitcoin, online accounts — advisable to include)

Note: Family land or communal property may not be freely willed depending on customary law.

7. You Can Update a Will Anytime

■ Use a Codicil to make minor changes
■ For major changes, make a new Will and revoke the old one

8. You Can Revoke a Will

A Will is revoked by:
1. Writing a new Will
2. Marriage (unless made in contemplation of marriage)
3. Destruction with intent to revoke

9. Probate Must Be Obtained.

1. Probate is the court process of validating a Will
2. Executors must apply to the Probate Registry to get the Grant of Probate before managing assets

10. Customary Law May Still Apply

In some regions, customary law of inheritance may conflict with Wills.
A Will may be challenged if it offends native law and custom (especially on family or ancestral land)

11. Contesting a Will

A Will may be contested on grounds of:

1. Fraud or forgery
2. Lack of testamentary capacity
3. Undue influence
4. Improper execution

12. Consult a Lawyer

1. Avoid DIY(do it yourself) Wills, always seek legal help to avoid invalidity
2. A solicitor ensures proper drafting, execution, and compliance with legal formalities

■ Bonus Tip: Keep It Safe

Store the Will in a safe place (e.g., with your lawyer or at the Probate Registry)

Inform your executor or next-of-kin where it is kept

■ Conclusion

Making a Will is not about expecting death, it's about planning responsibly. Everyone who owns property should write one, no matter their age or status.