Which legal wills

Wills Our online will writing process is quick and simple and can be completed in around half an hour. Write my Will online. Power of Attorney Give others the right to manage your affairs if you become unable to do so. Make a Power of Attorney online. Packages Sort your affairs for less by buying a will and a Power of Attorney together as one package.

Find out more. It's crucial, then, to keep the document where it is safe and yet accessible. Avoid storing it in a bank safety deposit box or in any other location where your family may need a court order to gain access.

A waterproof and fireproof safe in your house is a good alternative. Then let at least your executor know where the original will is stored, along with needed information such as the password for the safe. Besides, it's wise to duplicate signed copies to the executor and your attorney if you have one. The signed copies can be used to establish your intentions in case the original is destroyed or lost.

However, the absence of an original will can complicate matters, and without it, there's no guarantee that your estate will be settled as you'd hoped.

So store the document with care. Your will may never need to be updated. Or, you may choose to update it regularly. Remember, the only version of your will that matters is the most current valid one in existence at the time of your death. A good rule of thumb: Review your will every two or three years and at pivotal moments in your life. Such events might include marriage, divorce, or the birth of a child. Your kids probably won't need guardians named in a will after they're adults, for example.

Changing your will is easy. You write a new will to replace the old one or make an addition using an amendment known as a codicil. Because of the serious nature of codicils and their power to change the entire will, two witnesses are usually required to sign when a codicil is added, much like when the original will was created.

Some states, however, have loosened the legal regulations surrounding codicils and now allow for them to be notarized at a public notary. Ideally, you want to make any changes when you are of sound mind and in good health.

This limits the likelihood that your wishes can be successfully challenged and avoids decisions made in haste or under intense emotional pressure. Internal Revenue Service. Special Topics: Chapter Estate Planning. Your Privacy Rights. To change or withdraw your consent choices for Investopedia.

At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data. We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Your Money.

Personal Finance. Your Practice. Popular Courses. Part Of. Estate-Planning Basics. Wills vs. Types of Trusts. Estate-Planning Strategies. Your Legal Team. Advice for Heirs. Retirement Planning Estate Planning. Table of Contents Expand. Why You Should Have a Will. It means that the law determines who gets what.

Dying without a will is, thus, capable of breeding conflict and disharmony within the family left behind; has the potential of incurring more legal costs and the testator's wishes and best interest are not protected.

Most people with simple estates can write their own wills without the assistance of a lawyer. However, there are several circumstances in which using an estate lawyer to write your will may be advantageous. This could apply if you:. So, if you decide that your situation is too intricate to make your own will, you'll need the assistance of a lawyer.

The lawyer will guide you to understand the Wills' laws in Nigeria, prepare your documents in accordance with your wishes and follow up the entire process to ensure that your will gets implemented the right way. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

All Rights Reserved. Password Passwords are Case Sensitive. Forgot your password? Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms. We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use.

Learn More Accept. Family and Matrimonial. To print this article, all you need is to be registered or login on Mondaq. Who Can Make a Will in Nigeria? In writing a valid will, the testator the person making the will must meet the following requirements: AGE: Only an adult can make a will.

Such an adult must have attained the age of 21 years under the Wills Act or the age of 18 years under the Wills Law of Lagos State. Anyone that falls below the age of 18 or 21, as the case may be, lacks the capacity to make a valid will in Nigeria. The testator must have a sound disposing mind at the time he gives instructions and at the time the will is executed. There must be no infirmity or lunacy of any sort, no matter how slight.

A W ill or T estament 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 called the executor, to manage the estate until its final distribution. Apart from deciding who gets your assets, a Will can also serve to declare who you wish to become the guardian for any minor children or dependents.

The most important things to provide for in your will are who will be your executors , who will be the beneficiaries of your assets, and in cases where there are minors — who the guardian s of the minors will be.

In Nigeria, a will could either be oral or written , oral wills being wills made by word of mouth are recognised under our customary or indigenous laws while written wills are governed by law and statutes.

An oral will , which is also called a nuncupative or deathbed will , is a will that is spoken to witnesses, but not written. Such wills are valid only in a few states and only in very limited and unusual circumstances. In this report, we will focus on written wills. In preparing a will, a testator person making his will must have capacity to do so, meaning he must be of legal age above 18yrs and have mental capacity he must be of sound mind.

Furthermore, for a will to be valid it must be;. In the probate courts today, there are many parties in legal battles contesting the provisions of a will and the court is likely to set aside a will if there is conclusive proof that the testator did not have the mental capacity to understand what he was doing at the time the will was made or if the testator was unduly influenced to dispose of his properties as he did in the will.

This means taking care of everything from disposing of property to paying bills and taxes. The executor possess the power to give the beneficiaries whatever is left in the estate after the debts, expenses, claims and taxes have been paid. The executor has certain legal and financial powers to manage the estate, including the power to keep or sell property in the estate, to invest cash, and to borrow money.

The executor cannot see the Will before the death of the testator as the Wills do not become public records until after the will is filed with the probate court. Some people opt to write sealed wills, and give only one sealed copy to a lawyer, accountant or other person for safekeeping. In a probate action, an executor has a duty to follow the directives set out in the will. If the executor does not the beneficiaries can petition the court to either require the executor to carry out his duty or to remove the executor.

This applies only if the is an actual probate proceeding. A properly drafted will has a number of advantages including comfort and ease of mind that your affairs will be properly taken care of after your death.

Some benefits of making a will are:. Without a valid Will, the distribution of your assets will be according to the rules of intestacy — not according to your wishes. If one person in such a relationship dies without a Will, this can create serious financial hardship for the surviving partner. If you have a child or children, a valid Will is necessary to make arrangements for te children should the parents die, It is extremely important to have a Will in place if the children are under 18 and would need someone to look after their inheritance or to have a guardian appointed for them.

Careful drafting of your Will may reduce the amount of inheritance tax payable by your beneficiaries after your death. There has been a significant rise in claims being made against the estates of people who have died. By seeking legal advice and making a Will you could significantly reduce the likelihood of a successful claim being made.

Making a Will need not be time consuming or costly but it is vitally important to ensure your personal assets are distributed to those you love. Customary Law embodies customs as practiced by the people which they regard as binding on them. It is any system of law different from Common Law and a Law enacted by legislation, but which is enforceable and binding within Nigeria as between the parties subject to its way.

Customary succession therefore, is succession that is not in accordance with the common law or statute, but in accordance with the traditions, customs and practices of the local people which are enforceable and binding between the parties which are subject to it.

Customary succession therefore, being succession that is according to customs, beliefs and traditions of the people, is mainly intestate without a Will. The patterns of intestate inheritance and succession under Customary Law in Nigeria have almost as many variations as there are ethnic groups in the country. The resultant effect of this state of affairs therefore is the absence of a uniformity of rules of succession under Customary Law.

How does one determine the correct law to apply in the case of intestate succession under Customary Law? It is important to note that while it is true that with respect to land matters generally, the Customary Law of the place where the land is situate lex situs is applicable, with respect to inheritance, the appropriate Customary Law is the Customary Law of the deceased.

The general principle of law is that a person carries his Customary Law with him, hence regardless of the Customary Law of the place of his residence or abode, his personal law shall prevail. It has been established that any Nigerian may make a Will whether married under the Act or under Customary or Islamic Law subject however, to restrictions imposed by law.

Where the marriage was celebrated under the Act, both husband and wife may inherit each others estate on intestacy. Such a widow is infact often times considered as an asset for inheritance.

While it is imperative to note that customary succession is an important tool for resolution of disputes which inevitably arise from issues of inheritance in Nigeria, I will not shy away from the fact that some of these customary practices are indeed not in tune with contemporary practices and the judiciary has played in huge role in nullifying some of these discriminatory practices.

This is an amendment to a will.