It’s undeniable that one of the allures of estate planning is the freedom to give whomever you want, whatever you want, and whenever you want. This testamentary freedom is hinged on the certainty that a Will or Trust confers. However, it’s important to remember that Nigeria’s diverse cultural and religious landscape means there’s a plethora of laws and customs governing different aspects of our lives, including inheritance or succession. Depending on where you were born, your faith, or the type of marriage you contracted, different laws may affect your inheritance plans if you die without a valid Estate Plan.

For instance, the Administration of Estate Law may not automatically apply to the succession of an intestate person if they lived their life according to customary law. The applicable customary law depends on the type of marriage contracted. This multiplicity of laws—statutes and customs—makes having a Will advisable. A Will can displace the application of customary rules of inheritance, providing certainty and ensuring that your testamentary intentions are carried out.

However, as with any law, there are exceptions. Even when you have a Will, some inheritance laws are considered so important that they cannot be overridden. These laws can be customary, statutory, or both. This is why the cardinal rule of estate planning is to consult an expert first.

Let’s briefly touch on three broad aspects of this issue:

• Customary law restrictions: In the Benin kingdom, for example, the eldest surviving son of a Benin man is entitled to the Igiogbe, which is the house in which the deceased lived and died. A testator can only give the Igiogbe to his eldest surviving son.
• Islamic law restrictions found in the Wills Law of Northern Nigerian states: One of the principles of Islam in this regard is that a Muslim cannot by Will give out more than one-third of his properties to persons other than his heirs.
• By statute—reasonable financial provision to dependants—Wills Law Lagos state: This law requires that a testator make reasonable financial provision for their dependants.

Our team at Meristem Trustees Limited is equipped with the experience and resources to guide you through the complexities of estate planning in Nigeria. We can help you understand the effects of inheritance laws on your specific circumstances and ensure that your estate planning objectives are met. Even after you’re gone, we give you the power to speak!

You can contact us today by sending an email to [email protected]