Many Nigerians eligible to have a will do not have a will, leaving their families to deal with lengthy administration, disputes between relatives, and the risk that assets will be distributed in ways they would not have wanted. Even where a will exists, it may be invalid because of defects in execution, or ineffective because it does not account for customary or religious rules that apply to the testator.
The legal framework
In Lagos State, wills are governed by the Wills Law of Lagos State. In the FCT and several other states, the Wills Act 1837 applies as a statute of general application. Each sets out formal requirements, such as writing, signature and attestation by witnesses, and rules on who may benefit. The Lagos law also allows certain dependants to apply to court for reasonable provision if a will does not adequately provide for them.
Customary law and Islamic law may also affect how property can be disposed of by will, particularly for Muslims and for persons subject to certain customary laws. We advise on how these rules apply to each client.
What we cover
Drafting wills that reflect your wishes and comply with the applicable law
Appointing executors and trustees
Appointing guardians for minor children
Gifts of real estate, shares, bank accounts and personal property
Provisions for spouses, children and dependants
Charitable gifts
Assets outside Nigeria, and coordination with foreign wills
Lodging wills at the Probate Registry for safekeeping
Reviewing and updating existing wills after marriage, divorce, births or acquisitions
Beyond the will
A will is one part of an estate plan. Depending on your circumstances, we may recommend trusts, succession planning for family businesses, nomination of pension beneficiaries, or private wealth structures that pass assets outside the probate process.
Our probate and letters of administration team also helps executors obtain the grant and administer the estate.
