How to Write a Will in Nigeria

Without a will, your estate is distributed according to Nigerian intestacy laws, which may not reflect your wishes. A will ensures your assets go to the people and causes you choose.

A will takes effect on death and goes through probate. A trust can operate during your lifetime and after death, and avoids probate. Both have advantages depending on your circumstances.

You should review your will after major life events, such as marriage, divorce, the birth of children or significant changes in assets. We suggest a review every 3 to 5 years.

A will should be in writing and signed by you, or by someone in your presence and at your direction, in front of two witnesses who are present at the same time and who then sign too. You must be an adult of sound mind and make the will freely. A beneficiary, or a beneficiary's spouse, should not be a witness, because the gift to them may fail. A lawyer can draft the will and supervise the signing.

Not always. Under the Wills Laws of many states, a will is subject to customary law on some kinds of property, and under Islamic law a Muslim can generally leave no more than one third of the estate by will, and not to an heir. Some states' laws also let a court make reasonable provision for a spouse or children who were left out. Take advice on the rules that apply to you.

Probate is the court's confirmation that a will is valid, which allows the executors named in it to collect and distribute the estate. Executors apply to the probate registry of the High Court in the state, or the FCT, where the deceased lived. Banks and land registries usually ask for the grant before they release assets.

The estate is shared under the law that applies to the deceased, which may be statute, customary law or Islamic law depending on the person and the type of marriage. The family applies for letters of administration to manage the estate. This can take longer and lead to disputes, which a will helps avoid.

Keep the original somewhere safe and tell your executors where it is. In many states you can deposit a will at the probate registry of the High Court for safekeeping, for a fee. You can also ask your lawyer to hold it.