How To Write A Will As A Nigerian

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There are often misconceptions about writing a will as a Nigerian. In reality, the issue of writing a will in Nigeria does not indicate that death is imminent. It is only reasonable that one regulates his or her family’s or loved one’s affairs to avoid problems that may emerge in the event of death. If you’ve been wondering about how to write a will as a Nigerian, here are things you should know.

Writing a will is not only about planning for your death, but it is also about ensuring that your loved ones are adequately protected. It is one of the most critical things you can do for your loved ones. Putting your wishes in the form of a will helps your heirs avoid unnecessary hassles, and you gain the peace of mind of knowing that a life’s worth of possessions will end up in the right hands.

What is a Will?

A will is a testamentary document that expresses a person’s last wishes as to how his or her property is to be distributed after death and as to who manages the property until its final distribution. With a will, a person instructs how his or her property should be managed, distributed or disposed of after his demise.

The individuals designated to receive any of the property of a testator are called “beneficiaries.” Apart from deciding who gets your assets, a will can also serve to declare who you wish to become the guardian for any minor children or dependents.

Why is writing a Will important?

Death usually comes unannounced. It is very painful to see the lifetime efforts of one get frittered away by those not deserving. The legacy left behind may be shattered if succession and inheritance plans are not well put in place.

Therefore, the importance of writing a will cannot be overemphasized. Making a will displaces the rules of intestacy, satisfies the wishes of the testator, protects the children and provides for them wilful guardians, and reduces litigation and inheritance taxation.

What is covered in a Will?

Some types of property, including certain insurance policies and retirement accounts, generally aren’t covered by wills. This is because when an individual takes out these insurance policies or opens an account, part of the process is to list the beneficiaries of the account. The most important things to provide for when writing a will are who will be your executors, who will be the beneficiaries of your assets, and in cases where there are minors — who the guardian(s) of the minors will be.

What makes a will Valid?

Generally, a will is not valid unless it fulfils the following requirements which are:

1. The will must be in writing

2. The individual writing the Will must be of legal age i.e. he/she must be at least 18 years old.

3. The individual must have what is known as testamentary capacity i.e. they have a sound mind, meaning the testator must know that he or she is making a Will and its effect; understand the nature and extent of the estate, and understand that he or she is disposing of property and assets.

4. The will must be signed by the testator and must be attested (witnessed) and signed by the witnesses.

5. The will must also have been made by a person who knew and approved of its contents and who was acting of their own free will.

6. The Will must identify properly the beneficiaries and the properties bequeathed.

Note: There are some exemptions for people who are members of the Armed Forces or sailors at sea, specifically they do not have to be 18 years of age, and making a will in certain circumstances does not have to be in writing. More also witnesses cannot be beneficiaries under the will, and nor can the spouse or partner of a witness.

What are the contents found in a valid will?

• The full name (including former name and alias), address and occupation of the testator.
• The name(s) and address(es) of the executor(s) who will be in charge of the testator’s assets.
• The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.
• A full list and particulars of the testator’s assets, debts inclusive.
• The names and addresses of witnesses to the will.

Who is an executor and what is his/her role?

An executor is an individual appointed under a valid will with the responsibility of making sure a person’s wishes under the will are carried out. The executor of a will is responsible for making sure that any debts and creditors that the deceased had are paid off, and that any remaining money or property is distributed according to their wishes.

An individual can name their spouse, an adult child, or another trusted friend or relative as an executor. If the affairs are complicated, it is more prudent to name a lawyer or someone with legal and financial expertise as an executor.

The executor is expected to fulfil their duties with the utmost honesty and diligence and is under what is known as a fiduciary duty which is a duty to act in good faith.

Who can make a will in Nigeria?

In writing a valid will, the testator (the person making the will) must meet the following requirements:

• Age: Only an adult can make a will. Such an adult must have attained the age of 21 years under the Wills Act or the age of 18 years under the Wills Law of Lagos State. Anyone who falls below the age of 18 or 21, as the case may be, cannot make a valid will in Nigeria.
• Mental Capacity: A person making a will must possess a sound mind. The testator must have a sound disposing mind at the time he gives instructions and at the time the will is executed. There must be no infirmity or lunacy of any sort, no matter how slight. Therefore, in making a valid will, the testator must understand the nature of the acts of making a will, the extent of his property, the objects of his bounty and the manner of distributions.

Where can you keep a will?

• In a Personal safe deposit box
• With a trusted friend or relation
• Bank safety deposit box
• With the Executor(s) named in a will.
• In a waterproof and fireproof safe in your house
• In the Probate Registry

Can a will be Adjusted after it is written?

Yes, this can be done by either making a new will or by adding a “codicil” (an amendment) to the will.

What are the consequences of not writing a will?

A person who dies without a will is said to have died intestate. However, a person who makes a will dictates how his or her estate will be managed, administered or distributed, a person who dies intestate will have his estate administered by the authorities by the rules of intestacy. It means that the law determines who gets what.

Dying without a will is, thus, capable of breeding conflict and disharmony within the family left behind; has the potential of incurring more legal costs and the testator’s wishes and best interests are not protected.