Many Nigerians avoid writing a will because they believe it is inviting death or only necessary for the wealthy. The truth is, anyone with property, money, or dependents needs a Will.

A Will is one of the most important legal documents you will ever create. It ensures your assets are distributed according to your wishes and not according to family politics, tradition or custom or guesswork.

In this blog, I am going to explain the underlisted to you

1. The legal requirements for a valid Will
2. Step by step guide to writing a Will
3. Common mistakes to avoid

Read:How do I write my Will?

For one to write a valid Will in Nigeria, the person must be up to 18 years or older and in some states, 21 years. The person must be of sound mind; mentally capable of understanding his or her actions. You must be the rightful owner of the property you are giving away. You must not be under duress or coerced in any way. You will write the Will voluntarily free of undue influence or pressure.

1. Requirements for a Valid Will in Nigeria

To be valid, your Will must meet these conditions:

1. Written Document: A Will must be in writing typed or handwritten. Oral Wills called nuncupative Wills are only valid under customary or Islamic law and have strict limitations.
2. Signature of the Testator: You must sign or mark the Will at the end, or direct someone to do so in your presence.
3. Witnesses: At least two witnesses must be present when you sign the Will.  The two witnesses must be present at the same time while the Testator is signing the Will, the absence of one witness makes the Will invalid.  Witnesses cannot be beneficiaries of the Will. If they are, they lose any gift left to them.
4. Capacity and Intention: You must clearly intend for this document to be your last Will.

2. Step-by-Step Guide to Writing a Valid Will

Step 1: List all your assets

Write down all you own: Land, houses, cars, bank accounts, shares, investments, businesses, personal property (jewelry, art, cars etc.)

Step 2: Decide who gets what

Name your beneficiaries (spouse, children, relatives, friends, charities). Specify exactly what each person should get. Consider setting aside funds for debts and funeral expenses.

Step 3: Choose an Executor

An executor is someone you trust to carry out your wishes. You can choose your spouse, lawyer, or friend. Name at least two executors in case one cannot act.

Step 4: Appoint a Guardian (If you have Children)

If you have minor children, name a guardian to care for them if both parents die. This is crucial for young families.

Step 5: Consult a Lawyer

While you can write a Will yourself, a lawyer ensures it is properly worded, legally enforceable, free of loopholes that could cause disputes.

Step 6: Sign your Will in the presence of Witnesses

Sign at the end of the Will. Have two independent witnesses present to watch you sign and also sign themselves.

Step 7: Keep the Will safe

Store your Will in a safe place like in the Probate Registry or with your lawyer or bank safe deposit box

Note: you must tell your executor(s) where the Will is.

3. Some common mistakes to avoid

1. Not updating your Will after major life changes like marriage, divorce, birth of children.
2. Naming a witness as a beneficiary.
3. Leaving vague instructions like “my eldest son knows what to do.” Or “my wife knows what to do or how to handle it”
4. Forgetting to include all assets especially digital assets like cryptocurrency or online accounts.
5. Failing to sign or date the Will properly.

In conclusion, writing a Will is a responsible step toward protecting your family’s future. Whether you own a single piece of land or multiple properties, your wishes deserve to be respected. Take time today to prepare a valid will. It is one of the most loving things you can do for those you love and care about.

For Further enquiries

Call/WhatsApp +234 8116486356

Email: info@verazadvocates.com.ng