HOW TO WRITE A WILL LEGALLY IN NIGERIA: A COMPREHENSIVE GUIDE

Writing a will is a crucial task that ensures your wishes are respected and your assets are distributed as per your desires after your demise/death. In Nigeria, as in many other countries, a will serves as a legally binding document that outlines how your property, belongings, and finances should be distributed among your loved ones. However, it’s important to follow specific guidelines and legal requirements to ensure the validity of your will. This article provides a comprehensive guide on how to write a will legally to help you write a legal will in Nigeria.

Understanding the Basics

A will, also known as a “testament,” is a written document in which you, the testator, express your wishes regarding the distribution of your assets, the appointment of guardians for minor children, and other relevant matters upon your death. To create a legally valid will in Nigeria, certain requirements must be met:

1. Age and Capacity: The testator must be of sound mind and at least 18 years old to create a will. This is known as testamentary capacity. However, there are exceptions to this rule. For instance, while most jurisdictions require a testator to be at least 18 years old, some exceptions exist for minors who are married or serving in the military. In such cases, a minor might be considered to have the necessary capacity to create a will. Also, in some situations, individuals with cognitive impairments or mental illnesses might still possess the capacity to understand the nature of their property and the consequences of making a will. The key factor is whether they have a sufficient understanding of their actions at the time of making the will.Some jurisdictions recognize oral wills made by individuals in extreme circumstances, such as imminent peril or military service. These wills are subject to specific requirements and are often limited in scope and duration.
2. Voluntariness: The will must be created voluntarily, without any undue influence or pressure from external parties. In the context of creating a will, “voluntariness” refers to the principle that the testator (the person making the will) must do so of their own free will and without any undue influence, coercion, or pressure from external parties. A will is considered legally valid only if it reflects the genuine intentions and wishes of the testator, rather than being a result of manipulation or external pressures. It’s important for anyone creating a will to do so in an environment where they feel comfortable and free to make their own decisions. If there are concerns about undue influence or coercion, consulting with a legal professional can provide guidance on how to proceed in a way that ensures the voluntariness and validity of the will.
3. Writing: A will must be in writing, either handwritten by the testator (holographic will) or typed. An oral will (nuncupative will) is not generally accepted in most jurisdictions as it can be difficult to verify and enforce.
4. Signature: The will must be signed by the testator or by someone in the testator’s presence and under their direction.
5. Witnesses: The will must be signed in the presence of at least two witnesses who are not beneficiaries of the will. The witnesses must also sign the will.

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Steps to Write a Legal Will in Nigeria – How to Write a Will Legally

1. Gather Information: Make a list of your assets, properties, bank accounts, investments, and other valuable possessions. Identify potential beneficiaries, including family members, friends, and charities.
2. Choose an Executor: An executor is responsible for carrying out the instructions in your will. Choose someone you trust, and discuss your decision with them beforehand.
3. Guardianship (if applicable): If you have minor children, specify who you want to be their legal guardian in case both parents pass away.
4. Drafting the Will: You can write your will yourself or seek legal assistance from a lawyer. The will should include:
   • Introduction: Clearly state that the document is your last will and testament.
   • Executor Appointment: Name the executor and provide their contact details.
   • Assets Distribution: Detail how you want your assets to be distributed. Specify beneficiaries and their respective shares.
   • Residuary Clause: Account for any assets not explicitly mentioned by including a clause that covers these remaining assets.
   • Debts and Taxes: Address how debts, taxes, and expenses should be settled using your estate.
   • Guardianship: Appoint legal guardians for minor children, if applicable.
5. Signing the Will: Sign the will in the presence of two witnesses who are not beneficiaries. Witnesses should be adults, of sound mind, and willing to testify if needed.
6. Witness Signatures: The witnesses must sign the will in your presence. Their signatures confirm that you signed the will willingly and were of sound mind.
7. Safekeeping: Store the original will in a secure and accessible location. Inform your executor, family members, or a trusted friend about its whereabouts.

Consultation with Legal Professionals

While it is possible to write a will on your own, consulting with a legal professional, such as a lawyer or a notary public, can offer several benefits. They can provide legal advice, ensure that your will meets all legal requirements, and help prevent potential challenges to the will’s validity.

Periodic Review

Life circumstances change over time, so it’s essential to review your will periodically. Major life events such as marriage, divorce, birth of children, or significant changes in your financial situation may necessitate updates to your will.

Final Thoughts

Writing a legal will in Nigeria is a responsible and thoughtful way to ensure that your loved ones are taken care of and your assets are distributed according to your wishes. By following the legal requirements, seeking professional guidance if needed, and keeping your will up to date, you can provide peace of mind for yourself and your family.

Legal Formalities and Common Mistakes to Avoid

When drafting a will in Nigeria, it’s crucial to adhere to the legal formalities to ensure the document’s validity. Failure to meet these requirements might result in your will being deemed invalid or contested. Here are some common mistakes to avoid:

1. Improper Witnessing: The witnesses to your will must not be beneficiaries or spouses of beneficiaries. Choose witnesses who are impartial and have no stake in the distribution of your assets.
2. Lack of Clarity: Ambiguous language or vague instructions can lead to confusion and disputes among beneficiaries. Clearly define your assets, beneficiaries, and their shares.
3. Undue Influence: Ensure that you are drafting the will of your own free will and not under any duress or coercion. Any evidence of undue influence can invalidate the will.
4. Not Updating the Will: Neglecting to update your will after major life events can lead to unintended consequences. Review your will periodically to reflect changes in your circumstances.
5. Failing to Sign or Date: Unsigned or undated wills can be problematic. Always sign and date your will, and ensure that the witnesses do the same.
6. Crossing Out or Amendments: Making changes directly on the will after it’s been signed can raise doubts about the authenticity of those changes. If you need to make amendments, consider creating a new will or using a codicil, which is a separate document to modify the will.

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Probate Process

After your demise, your will goes through a probate process to ensure its authenticity and to carry out your wishes. The probate court will verify the will, appoint the executor, and oversee the distribution of assets according to the will’s provisions. The executor plays a vital role in managing the estate, paying debts, and distributing assets to beneficiaries.

Importance of Professional Advice

While it’s possible to write a will without legal assistance, consulting with a lawyer can offer significant advantages. Lawyers are well-versed in the legal requirements, and their guidance can help prevent errors that might lead to will disputes or challenges. They can also assist in properly drafting complex clauses and ensuring that the will accurately reflect your intentions.

Conclusion

Writing a will is a responsible and essential task that provides peace of mind to both you and your loved ones. By following the legal requirements and taking care to avoid common mistakes, you can create a document that reflects your wishes and safeguards the interests of your beneficiaries. Whether you choose to draft the will yourself or seek professional guidance, the process of planning for the distribution of your assets can bring you a sense of security and control over your legacy.