Wills Act Nigeria: How to Write a Valid Will

Most Nigerians die without a Will. When that happens, the estate does not go to whoever the family decides deserves it — it goes through an intestacy framework that varies depending on whether the deceased contracted a statutory marriage, practised customary law, or was governed by Islamic succession rules. The result is often expensive court proceedings, frozen bank accounts, and bitter family disputes that drag on for years.

Writing a valid Will under the Wills Act is the single most effective way to prevent this.

Which Law Governs Wills in Nigeria?

The Wills Act of 1837 (originally a British statute) applies in most Southern Nigerian states. Several states have enacted their own Wills Laws — Lagos State, for example, has the Wills Law of Lagos State — but the core requirements are substantially similar across jurisdictions.

In Northern Nigeria, Muslims may execute a Will (wasiyyah) under Islamic law, but Sharia imposes strict limits: bequests can only cover up to one-third of the estate and cannot go to Quranic heirs unless other heirs consent. The remaining two-thirds is distributed according to fixed Quranic fractions regardless of the Will's contents.

Requirements for a Valid Will

A Will must satisfy all of these to be legally enforceable:

The Testator Must Have Capacity

The person making the Will (the testator) must be at least 18 years old (21 in some states), of sound mind, and acting voluntarily — not under duress or undue influence from relatives.

The Will Must Be in Writing

Oral wills are not recognized under the Wills Act. The document can be handwritten or typed, but it must be a physical document.

Proper Execution

The testator must sign the Will (or make their mark) at the foot or end of the document, in the presence of two witnesses. Both witnesses must then sign the Will in the presence of the testator and in the presence of each other.

This is where most homemade Wills fail. If the witnesses were not physically present when the testator signed — or if they signed at different times — the Will is invalid.

Witnesses Cannot Be Beneficiaries

Any person named as a beneficiary in the Will, or their spouse, is disqualified from serving as a witness. If a beneficiary does witness the Will, the bequest to that person is void (though the rest of the Will may still stand).

What a Well-Drafted Will Should Include

• Clear identification of the testator (full legal name, address, NIN)
• Revocation clause — "I hereby revoke all former Wills and testamentary dispositions"
• Appointment of executors — name at least two people you trust to administer the estate
• Specific bequests — which assets go to whom (use exact descriptions: "Plot 15, Block C, Lekki Phase 1" not "my house in Lagos")
• Residuary clause — catches any assets not specifically mentioned
• Guardian appointments for minor children
• Attestation clause — confirms the witnesses saw the testator sign

Common Mistakes That Invalidate a Will

Only one witness present. Two witnesses are required. Family members often sign as witnesses without a second witness present — this invalidates the entire Will.

Witness is also a beneficiary. A child or spouse named in the Will cannot also witness it. Their gift is automatically voided.

No signature at the end. The testator's signature must be at the foot of the Will. Text added after the signature (codicils without proper execution) may not be enforceable.

Failing to update after major life events. Marriage under the Marriage Act automatically revokes a prior Will in most jurisdictions. If you marry and do not execute a new Will, you die intestate.

Not lodging the Will. While not strictly required for validity, depositing the original Will at the Probate Registry ensures it is discoverable after death. Wills kept at home get lost, destroyed, or hidden by family members who prefer the intestacy outcome.

What Happens Without a Will

Without a valid Will, the estate passes under intestacy rules. Under statutory law (applicable to marriages under the Marriage Act), the surviving spouse receives one-third and children share two-thirds equally. Under customary law, distribution follows ethnic traditions — Igbo primogeniture, Yoruba idi-igi or ori-ojori, or Benin rules where the eldest son inherits the family home (Igiogbe). Under Islamic law, fixed Quranic fractions apply.

The critical point: intestacy removes your choice. The court decides who administers the estate, how assets are divided, and who cares for minor children. The process requires Letters of Administration — a court application that typically takes 6 to 12 months in Lagos and costs the estate a 10% probate duty on all assessed assets.

A valid Will avoids all of this. Executors apply for a Grant of Probate, which is faster, cheaper, and entirely under the testator's control.

The Nigeria Estate Settlement Guide covers both testate and intestate estate administration — from Will validation through final asset distribution — including the exact Probate Registry forms, fee schedules, and step-by-step workflows for each path.

Guide to Estate Settlement and Inheritance in Nigeria →