How to Make a Will in Nigeria: A Step-by-Step Guide

A will is a vital legal document that ensures your assets and property are distributed according to your wishes after your death. In Nigeria, the absence of a will can lead to disputes, delays, and unwanted legal complications for your loved ones. Despite its importance, many people delay making a will due to misconceptions or lack of information.

In this guide, we’ll walk you through everything you need to know about how to make a will in Nigeria, ensuring your legacy is protected and your loved ones are cared for.

What Is a Will?

A will is a legal document that allows you to outline how your assets, properties, and responsibilities should be managed after your death. It also enables you to:

• Name beneficiaries who will inherit your property.

• Appoint guardians for your minor children.

• Designate executors to carry out your wishes.

• Specify instructions for special gifts, donations, or funeral arrangements.

In Nigeria, creating a valid will can make a significant difference in how your estate is managed and reduce the likelihood of disputes among family members.

Last Will And Testament

Why Is a Will Important?

Before diving into the process, it’s important to understand why having a will is crucial:

1️⃣ Avoid Family Conflicts: A will provides clear instructions, preventing disputes over inheritance.

2️⃣ Protect Minor Children: You can appoint guardians for your children to ensure they are cared for.

3️⃣ Simplify Asset Distribution: With a will, your assets are distributed according to your wishes rather than the laws of intestacy.

4️⃣ Reduce Legal Delays: A will simplifies the probate process, saving time and legal costs for your family.

How to Make a Will in Nigeria

Follow these simple steps to create a valid and legally binding will:

Step 1: List Your Assets

Start by making an inventory of everything you own. This includes:

• Real estate (land and buildings).

• Bank accounts and investments.

• Vehicles, jewelry, and personal belongings.

• Shares, bonds, and other financial assets.

• Business interests or partnerships.

Having a clear list ensures no asset is overlooked when drafting your will.

Step 2: Decide on Your Beneficiaries

Determine who will inherit your assets. Beneficiaries can include family members, friends, charities, or organizations. Be specific about what each person will receive.

Step 3: Appoint Executors

Choose trusted individuals to act as executors. They will manage your estate and ensure your wishes are carried out. It’s best to select someone responsible and capable of handling legal and financial matters.

Step 4: Appoint Guardians for Your Children

If you have children under 18, name guardians who will care for them in your absence.

Step 5: Hire a Lawyer

Engage the services of a qualified lawyer to draft your will. A lawyer will ensure that your will complies with Nigerian law and is legally binding. They will also help you avoid common pitfalls and ambiguities that could lead to disputes.

Step 6: Sign Your Will

In Nigeria, for a will to be valid, it must be signed by the testator (the person making the will) in the presence of at least two witnesses. The witnesses must also sign the document, and they should not be beneficiaries in the will.

Step 7: Store Your Will Safely

Keep your will in a secure place, such as with your lawyer, a trusted family member, or the Probate Registry. Inform your executors of its location.

Common Misconceptions About Wills

1️⃣ “I Don’t Own Enough Assets to Make a Will”

Even if your assets are limited, a will ensures they are distributed according to your wishes.

2️⃣ “I’m Too Young to Make a Will”

It’s never too early to plan for the future. Life is unpredictable, and having a will provides peace of mind.

3️⃣ “Making a Will Is Expensive”

The cost of creating a will is minimal compared to the potential cost of legal disputes without one.

Updating Your Will

Life changes; marriages, births, divorces, and new assets may require you to update your will. Regularly review your will to ensure it reflects your current wishes.

Final Thoughts

Creating a will in Nigeria is a straightforward process that ensures your legacy is protected and your loved ones are taken care of. Whether you’re safeguarding your children’s future, protecting your business, or ensuring a fair distribution of your assets, having a will is an essential step.

At Lawhaven Solicitors, we specialize in will drafting, estate planning, and probate services. Contact us today for expert guidance on how to create a will tailored to your needs.

Ready to make your will? Let’s help you secure your future.

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