A couple of weeks ago, my friend Becca called, and her excitement was palpable over the phone.
“I’m going to be rich!” she exclaimed.

“What do you mean?” I replied, half-joking. “What Ponzi scheme have you been involved in this time?”

She laughed and said, “No schemes this time. My mum asked me to sign her Will as a witness, and I saw that I’m inheriting all her assets when she’s gone.”

Becca was quick to add that she didn’t wish her mother any harm but was already planning the vacations and designer items she’d splurge on when the time came.

Our conversation made me realise just how many people lack proper legal advice when preparing their Wills. Imagine going through the entire process, believing you’ve secured your loved ones’ future, only to unknowingly invalidate the Will through a simple mistake.

One common error is having a beneficiary sign the Will as a witness. Under Nigerian law, this act renders any gift to the witness void. Unfortunately, Becca’s mum made this very mistake. If Becca hadn’t shared her excitement with me, her mother wouldn’t have realised that this harmless oversight would have prevented Becca from inheriting the assets.

Another frequent mistake is improper signing. For a Will to be legally binding, it must be signed by the testator (the person making the Will) in the presence of two witnesses. Additionally, the witnesses must sign in each other’s presence. Anything short of this can render the Will invalid.

In Nigeria, the law also stipulates that Wills must be in writing—whether handwritten or typed. Unlike in some other jurisdictions that recognise oral or videotaped Wills, a valid Will in Nigeria must meet this requirement.

The testator must also:

• Be at least 18 years old.
• Possess a sound mind.
• Be free from undue influence when making the Will.

Lastly, a Will must be comprehensive and specific. It should include full details of the testator, beneficiaries, executors, assets, and the way those assets are to be distributed.

This is why professional guidance is so crucial when drafting a Will. It ensures compliance with Nigerian law and provides peace of mind that your wishes will be enforceable. Don’t leave your legacy to chance. Reach out to us at [email protected] today and let us guide you through the process of preparing a legally valid and comprehensive Will.