We covered the contents and requirements of valid will in Nigeria in this blog.
How can I ensure that my Will is a Valid one in Nigeria?
What are the requirements for a Valid Will in Nigeria?
How can I ensure that my property will be passed on to the right people after my death?
WHAT IS A WILL?
A will is an instructions by a person (testator) stating his or her wishes to be carried out after his/her death.
Will definition according Wills Act 1837 in United Kingdom states that:
A will is a testamentary document voluntarily made and executed according to law by a testator of sound mind, where he disposes his properties (real or personal) to beneficiaries to take effect after his death.
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A WRITTEN WILL has more strength to defend than an oral will.
What is a WRITTEN WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
A will is not a sign that you want to die tomorrow. Having a written will simply means “putting down what you want to happen when you die or how you want your properties to be shared when you die and in the way that you want it to.
You can write up a will at any time. You don’t have to wait for major life events such as marriage or the birth of children or grandchildren to do so (though you may need to update your will at these times).
A will is essentially a set of instructions on what you want to happen after your death, especially regarding any property you own. However if you wish to set out how you would like your funeral to be carried out, it’s best to do this in a document that your family can access easily, as there can sometimes be delays in accessing your will.
On this page you will find information on how to draw up a will, the requirements for a Valid Will and who can help you with this process in Nigeria,
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BENEFITS OF WRITING A VALID WILL
There are a plethora of reasons and benefits of writing a will. The first major benefit is that one can be assured while still alive that upon demise, the loved ones will be catered for as if one is still alive to provide for them. Second, writing a will allows someone to express his or her feelings and opinions with the will and thereby reduces friction among beneficiaries.
IMPORTANT TERMS IN WILL
Bearing in mind the aforesaid, we will briefly explain some important terms related to a will as follows:
- Testator—a testator is a man or in the case of a woman (testatrix) who wishes to dispose his/her assets to specific beneficiaries upon death, he/she must be with a sound mind.
- Beneficiary—a person who benefits from the asset or estate of a testator or is listed in the will of a testator.
- Executors— these are trusted individuals appointed by the testator to manage his assets and carry out his wishes after death.
- Testate— a situation where one dies leaving a valid will
- Interstate—- a situation where one dies without leaving a will, and in this case what tends to happen is that the estate of the deceased will be settled by the administration of estate law of his/her domicile before death.
Furthermore, not every individual can make a valid will; a minor and a person of unsound mind cannot write a will. The legal age of a person to write a will is 18years of age and above. Under the Wills Act, the legal age for making a will is 21 years.
HOW TO MAKE A VALID WILL
There are certain conditions that must be met in writing a valid will, these conditions are very important as a badly executed will is as good as a worthless piece of paper. A valid will has a binding force in law. Important factors must always be considered while writing a will:
- A valid will must be in writing. This condition cannot be overemphasised; it can be handwritten, typed and printed. It is a legal document with a binding force. And for it to be binding, the maker must put it into writing.
- As earlier stated, an individual of legal age can make a valid. He/she must be at least 18years of age, with sound mind meaning that he/she understands that a will is being made and is sane as at the time of making the will. A will must be made voluntarily without any external influence.
- The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.
- The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct
- The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.
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What should my will cover?
- The full name and address of the testator.
- The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.
- 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; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.
- The names and addresses of witnesses to the will.
Another likely question to arise is that after making a will can it be changed? Yes, one can change his or her will by making a new one or using a CODICIL. A codicil is used to amend, change, rewrite or remove any information from a will.
In your will you should include the following kinds of information:
- the name of the person or people you have appointed to manage the distribution of your belongings (your estate) i.e. the executor and trustee (if applicable) of your will;
- the name of the person or people you have appointed as guardians for your children (if you have any);
- instructions for how you want your money and other assets to be distributed to your partner, children, grandchildren, other family members, friends, charities etc;
- the names of the people you would like to receive specific items in your possession.
- it should state that it revokes any other wills (in case you’ve made one previously).
To be legally valid, your will needs to be:
- in writing,
- witnessed by two people who are not beneficiaries of the will,
- signed by the witnesses, in your presence and
- signed by you (the will maker)
- Probate Registry
It is a good idea and important to make Probate Registry of your WILL.
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