One of the most compelling features of estate planning is the concept of testamentary freedom, the legal right to leave your assets to whomever you wish, in whatever manner and at whatever time you choose. This freedom is anchored in the certainty provided by legal instruments such as a Will and/or Trust.

However, in a country like Nigeria, characterised by its multi-ethnic and multi-religious landscape, inheritance and succession are not governed by a single, unified law. Instead, they are shaped by a complex mix of customary, statutory, and religious laws, depending on factors such as your ethnicity, faith, or the type of marriage you contracted. This diversity can have significant implications for your estate if you pass away without a valid estate plan.

For example, the Administration of Estates Law does not automatically apply in all cases of intestacy. Where a person lived in accordance with customary law (as may be inferred from the type of marriage they contracted), customary rules of succession could override the statutory framework.

It is this diversity of laws and practices that makes preparing a Will advisable. A properly executed Will overrides customary inheritance rules, ensuring your wishes take precedence. Essentially, it offers certainty by making sure that your intentions, not traditional rules, are honoured and carried out.

Nevertheless, even testamentary freedom has boundaries. Some inheritance laws are considered so essential that they cannot be overridden by a Will, regardless of how clearly your wishes are expressed. These laws may be customary, statutory, or religious—another reason why the first rule of estate planning is to seek expert advice.

Here are three broad areas where restrictions may apply:

• Customary Law Restrictions
  In the Benin Kingdom, for instance, tradition mandates that the Igiogbe, the house where a man lived and died, must pass to his eldest surviving son. A testator cannot give this property to anyone else, even through a Will.
• Islamic Law Limitations
  Under the Wills Law applicable in Northern Nigeria, a Muslim testator may only distribute one-third (1/3) of their estate to non-heirs via a Will. The remaining portion must be distributed among legal heirs in accordance with Islamic inheritance principles.
• Statutory Requirements
  In states like Lagos, the Wills Law mandates that a testator must make reasonable financial provision for dependents. A Will that fails to do so may be challenged and varied by the courts.

At Meristem Trustees Limited, we are here to help you navigate the evolving landscape of estate planning with confidence. Our experienced team is equipped with the expertise and resources to ensure your estate plan reflects your intentions and secures your legacy.

Even when you are no longer here, we give you the power to speak.

Contact us today through the following channels:

Website: trustees.meristemng.com

Email Address: [email protected]

Phone Number: +2347025640071