The A–Z of a Last Will and Testament in Nigeria

The five-second version: Without a will, Nigerian law decides who gets your house, your money and your business — using rules built around how you married, not what you wanted. A will overrides almost all of that. It doesn't need a lawyer to be valid: sound mind, your signature, two witnesses who aren't beneficiaries, done. The one thing it does need is to actually exist. LegalDoc's Last Will and Testament walks you through every clause.

Now the long version.

Ask most Nigerians why they haven't written a will and you'll get one of three answers. It's for old people. It's for rich people. Or — said quietly — writing one feels like inviting death to the table.

None of that is true, and the last one is the most expensive superstition in Nigerian estate planning. Because here's what actually happens to people who die without a will: the law writes one for them, and it's almost never the will they'd have chosen.

Let me walk you through the whole thing, plainly.

What a will actually is

A Last Will and Testament is a legal document in which you, the testator, set out how your property should be distributed after your death, and name the people who'll carry it out. That's it. It's an instruction sheet, legally binding, that speaks for you when you can no longer speak for yourself.

It lets you decide who inherits the house, who runs the business, who simply benefits from it, who becomes guardian of your children, and what specific items go to specific people. Absent a will, none of those decisions are yours anymore. They belong to a legal framework you didn't choose.

The framework that takes over if you don't write one

This is the part that motivates everyone once they understand it.

Nigeria runs three parallel inheritance systems — statutory, customary, and Islamic — and which one governs your estate depends heavily on how you married. Marry under the Marriage Act and the Administration of Estates Law of your state typically applies, sharing your estate between spouse and children on a fixed formula. Marry only customarily, and your community's customary rules take over, which in several systems have historically disadvantaged widows and daughters. The courts have softened the harshest of those rules, but the default still bites, and undoing it means years of litigation your family pays for.

A valid will lifts you out of that lottery. You decide, in advance, in writing.

The four requirements for a valid will

Here's the reassuring part. A will doesn't need fancy language, a lawyer, or a courtroom. Under the Wills Act 1837 (still in force in states without their own statute) and the various state Wills Laws, four things make it valid.

Testamentary capacity. You must be of sound mind and, in Lagos, at least 18. You need to understand that you're making a will, roughly what you own, and who has a claim on your generosity. (There's a narrow exception letting soldiers on active service and seamen at sea make wills below full age.)

Intention. The document must genuinely be intended to operate as your will, taking effect on death.

Proper signing. You sign it — or someone signs on your behalf, in your presence and by your direction — with the intention of giving effect to the will.

Attestation by two witnesses. At least two witnesses must be present when you sign, and they must attest and sign in your presence. And this is the rule people break constantly: a witness should not be a beneficiary, nor married to one. A gift to a witness (or their spouse) is generally void, even though the will itself survives. Choose two independent, credible witnesses who inherit nothing.

That's the whole test. Sound mind, real intention, your signature, two disinterested witnesses. Most invalid wills in Nigeria fail on that last point — a spouse or a child witnessed it, and the gift to them collapsed.

Testamentary freedom, and its limits

The governing principle is testamentary freedom: broadly, you can leave your property to whomever you wish. But it isn't absolute.

Some state Wills Laws preserve customary limitations — the Bini Igiogbe (the deceased's principal house) must pass to the eldest surviving son under Bini custom, and a will purporting to give it elsewhere can be invalid to that extent. Islamic law, where it governs, restricts how much of the estate can be freely willed. And states have provisions allowing certain dependants who were left out to apply to court for reasonable provision. Testamentary freedom is the rule; these are the recognised exceptions worth knowing about.

The clauses a good will contains

A will can be short, but a good one covers its ground: a clear revocation clause cancelling all earlier wills and codicils; appointment of your executor (or executors) — the person who administers the estate; guardianship arrangements for minor children; specific bequests (named items to named people); general and residuary gifts (who gets the rest); and clean, unambiguous identification of every beneficiary. Vagueness is what breeds the disputes. "My belongings to my family" is an invitation to a lawsuit. Precision is a gift to the people you leave behind.

Keep it, and update it

Two practical points people forget. First, a will is no use if nobody can find it — store it safely (some testators deposit it with the Probate Registry) and tell your executor where it is. Second, life changes and your will should keep up: a new child, a new property, a marriage, a death among your beneficiaries. In many Nigerian jurisdictions, marriage after making a will can revoke it unless the will was made in contemplation of that marriage — a trap that catches people who wrote a will while single. Revisit it after any major life event.

Where LegalDoc comes in

The day you write your will is the day your family stops being at the mercy of three competing legal systems and everyone's opinion about what you "would have wanted."

LegalDoc's Last Will and Testament guides you through every section — executor, guardianship, specific bequests, residuary estate, revocation clause — in plain English, and outputs a properly structured document in Word and PDF, ready to sign before two independent witnesses. If your circumstances later change, our Codicil to a Will lets you amend it without starting over.

Straight about what we are: LegalDoc is a documents partner, not a law firm. For a large or complex estate — significant assets, business succession, blended families, or where customary or Islamic limitations apply — have a lawyer review the final document. For most people, a clear, correctly executed will is exactly what's needed, and having one beats the alternative every single time.

Start here: legaldoc.ng.

Frequently asked questions

Does my will need a lawyer to be valid?

No. A will needs testamentary capacity, genuine intention, your signature, and attestation by two witnesses who aren't beneficiaries. That's the legal test. A lawyer adds real value for complex estates, but a straightforward, correctly executed will is valid without one.

Can my spouse or child witness my will?

They can, but they shouldn't — a gift to a witness or their spouse is generally void, even though the will remains valid. Use two independent witnesses who inherit nothing, and your gifts are safe.

What happens if I die without a will?

The law distributes your estate under statutory, customary, or Islamic rules depending largely on how you married — not on what you wanted. Spouses can be sidelined, distant relatives can inherit, and the people you actually intended to provide for may get nothing automatically.

Can I change my will later?

Yes. You can make a new will, add a codicil (a formal amendment), or revoke the existing one. Just don't scribble changes on the signed original — alterations have their own execution rules, and informal edits cause disputes.

Does getting married cancel my will?

In many Nigerian jurisdictions, marriage after making a will revokes it, unless the will was expressly made in contemplation of that marriage. If you wrote a will while single and later married, revisit it.

Can I leave my property to anyone I want?

Largely yes — that's testamentary freedom — but with limits: certain customary rules (like the Bini Igiogbe), Islamic restrictions where they apply, and dependants' provisions in some states' laws. For most people the freedom is wide; it's worth knowing the exceptions that touch your situation.

Where should I keep my will?

Somewhere safe and findable, and tell your executor. Some people deposit the will with the Probate Registry. A perfectly valid will that no one can locate after your death does nobody any good.

LegalDoc provides ready-to-use Nigerian legal documents drafted by qualified Nigerian lawyers. This article is general information reflecting the position as at July 2026, not legal advice. Wills law varies between states and can involve customary and Islamic limitations.