HAVE YOU WRITTEN YOUR WILL

The Implications of Dying Intestate in Nigeria

Disclaimer: This is not a legal advice. It is for education.

What Is a Will: A Will is your legal instruction after death. It is an instrument that names an executor and states who gets what in your property, money, business, and personal items upon death. It is your voice from the grave.
A Will is not a casual letter. It has strict rules. If ignored, the court can invalidate it. See Adeniyi Oluwi v Olabiwale Oluwi (1985) 3 NWLR Pt 13 p. 372.

This article is not a guide to writing Will. Will writing is technical. Many educated Nigerians write it themselves and it ends up in court. Please consult a lawyer to help you write your WILL.

The Nigerian Mindset: “It Is Not My Portion”
Across Nigeria and Africa, many avoid Wills because they believe writing one invites death. Over 95% of Nigerian adults have no Will. It will surprise you that so many lawyers and even judges have not written their will because of our culture. Ask a Nigerian, “Have you written your Will?” The answer is often, “God forbid.” Some even suspect you of wishing them dead. That fear is costly. Property fights are a major cause of family breakdown in Nigeria. Arguments and fights even start before burial. In some cases, relatives are accused of arranging a death to access assets. A clear Will removes that motive if only people can understand.

Section 49(1) of the Administration of Estates Laws of Lagos State for instance is clear: die intestate, and the state and customary law takes over the administration of your estate. Your wishes do not count. Assets can be lost, your family goes to court, children excluded, and gifts to churches or friends ignored, banks and financial institutions take advantage of you, your side chicks/boyfriends who you loved so much are excluded, children you had outside wedlock are not mentioned, your run away spouse returns to take charge, even your enemies in the village can have authority over your assets and lots more. A valid Will keeps you in control.

Implications of Dying Without a Will in Nigeria
1. The Law writes your Will: If you die intestate, your estate is shared under the state and customary law. The formula may give your spouse a share you did not want, or exclude people you cared for. The formula will not reflect what you have in mind with regards to what you intended to give to each of your children depending on your personal relationships. Some children may have be a pain on the ass of their parents and the man/woman may choose to speak about it in sharing his/her properties. Only a valid will can do that for you.

2. Extended Family Takes Control: Under many customs, uncles and family councils decide. If you had hostile relatives, intestacy gives them power over your wife and children. In Igbo Land, Umunna elders take over. You may be buying houses in Maitama, Ikoyi, or V.I., while some relatives of yours hope and pray you die without a Will. You know what I mean here.
3. Your spouse may get little or nothing: In some cultures, a wife is not an heir. she can be ejected by your brothers. Lagos law is better, but it is not nationwide.
4. Some children are excluded: Female, adopted, or children born outside marriage may get nothing under certain customs. Ukeje v Ukeje outlawed this, but many women and children lack the capacity to enforce it. A Will takes care.
5. Inequity among heirs: Even recognized children can fight. In-laws often fuel the conflict after marriage, leading to litigation. A Will prevents it.
6. Hidden assets disappear: Many Nigerians do not tell the family about all investments. Bank accounts, shares, crypto, or properties abroad can be lost forever without a Will and an asset list.
   7. Your Business Can Collapse: Without direction, control splits among many heirs. Banks stop payments. staff leave. The company dies. A Will can place it in a trust or name one competent manager.
7. Your Family home can be sold: If heirs disagree, anyone can ask the court to sell and share cash. Your widow and children may be forced out.
8. No gifts to non-family: You cannot leave anything to a church, mosque, school, charity, friend, or caregiver under intestacy. The law recognizes only legal spouse, blood relatives and adopted children.
9. No Guardian for minor children: The court chooses who raises children under 18. It may not be your choice. You also cannot name a trustee for their money without a Will.
10. Debts become a mess: Money owed to you may not be recovered. Your debts may attract penalties. An executor under a Will settles everything. Engagements that are not concluded are not recorded. Only you know. A will itemizes these circumstances and information are provided.
11. Years in Court by family members: Probate registries in Lagos, Abuja, Port Harcourt, Kano, Kaduna, Lokoja, Onitsha and elsewhere in Nigeria handle thousands of intestacy cases. Families spend years and millions. If you know what it takes to get monies left by the dead from banks in Nigeria, you will write a will tomorrow morning because it is not an experience you wish even your enemy. Just make enquiry tomorrow.
12. Frozen accounts and pensions: banks, CSCS, and PenCom and other agencies where you have transactions will freeze your accounts until Letters of administration are issued. Families may have no money for rent, school, or medical care. Some battle banks for years to release a deceased person’s funds.
13. Fraud and Land Grabbing: Without a Will, relatives can hide documents or register your land in their names. Recovery is expensive. A Will also reveals ongoing property deals your family may not know about.
14. No Care for Vulnerable Dependents: A disabled child or aged parent gets a one-time share under intestacy. A Will can create a trust for lifetime support.
15. Funeral Wishes Ignored: Where, how, and when you are buried is decided by family consensus. Disputes are common. A Will can set a budget, fund it, choose the location, and even exclude certain people. You can exclude your enemies.
16. Polygamous family wars: Multiple wives and sets of children trigger rivalry under statutory or customary rules. The crisis is predictable and damaging. Hard earned reputation could be destroyed in a few days of your exit but a will guides.
17. Digital Assets Lost: Email, social media, domains, software, music rights, and online businesses are forgotten. Without a Will, your family cannot access or monetize them.
    19. Taxes and fees erode the estate: Administrators must advertise, post bonds, and pay high legal fees. The estate loses value before distribution. A Will reduces costs.
    20. Your legacy s damaged: Public fights tarnish your name. Projects you built will die. People remember the quarrel over your properties, not your life’s work. Even senior lawyers and elites have died intestate, and the stories are ugly.
    If you want to write a Will, Do It Right. A defective Will is as bad as no Will. Avoid these errors:
18. Get Legal Advice: Muslims can freely will only 1/3 under Sharia. Non-Muslims have wider freedom under the Wills Act.
    2. Capacity and Witnessing: Be of sound mind. Show proof you are of sound mind. Sign before two competent witnesses who also sign with names and addresses. You can run a video.
    3. Be Precise: Use full addresses, survey numbers, account numbers, and policy numbers.
    4. Name Alternates: If your executor dies before you, name a backup to avoid deadlock.
    5. Respect Forced Heirship: Do not disinherit a spouse or minor child without advice. Do not disinherit persons you are supposed to be responsible for emotional reasons. It invites litigation.
    6. Revoke old Wills: Include a revocation clause and destroy old copies. Perfect codicils.
    7. Store Safely: Lodge the original with your lawyer, give copies to trusted persons, and tell your executor where it is.

Write your WILL today. Your Portion Is Responsibility. Death is everyone’s portion. A Will protects the living. It prevents fights, protects your spouse and children, and keeps your house, money, and business out of court and strangers. Don’t let your enemy sit at your chair before your wife/s and children.
Write your Will so that as the living say “Rest in Peace (RIP)” you from the grave can say “Live in Peace (LIP) “.

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