How to Contest a Last Will in Nigeria: A Comprehensive Guide to Probate

 While a last will is designed to give clarity and finality to the distribution of a deceased person’s estate, there are circumstances under Nigerian law where a will may be challenged.

Understanding how to contest a will requires more than knowing the grounds for challenge. It also demands a clear grasp of probate procedures, inheritance rules, and how statutory, customary, and religious laws interact.

Understanding Wills, Probate, and Inheritance in Nigeria

What a Will Represents Under Nigerian Law

A will is a legal instrument through which a person, known as the testator, expresses how their assets should be distributed upon death. Nigerian law recognises the right of individuals to dispose of their property as they wish, subject to certain legal and cultural limitations.

A valid will must comply with statutory requirements relating to capacity, form, and execution. Once these conditions are met, the courts presume the will to be valid unless successfully challenged.

The Role of Probate in Estate Administration

Probate is the legal process by which a court confirms the validity of a will and authorises executors to administer the estate. In Nigeria, probate is handled by the probate registry of the High Court in the state where the deceased resided.

Until probate is granted, the executors have no legal authority to distribute assets. This makes probate a critical stage in inheritance matters and the primary point at which wills are contested.

Inheritance Law in Nigeria

Inheritance law in Nigeria is shaped by a combination of statutory law, customary law, and religious principles. The applicable rules depend on factors such as the deceased’s personal law, place of residence, and manner of marriage.

Where a valid will exists, it generally takes precedence. Where a will is invalid or absent, the estate is distributed according to intestacy rules, which may differ significantly depending on the applicable legal system.

Who Can Contest a Will in Nigeria?

Only individuals with a legal interest in the estate can challenge a will. These typically include beneficiaries named in the will, persons who would inherit if the deceased had died intestate, and dependants who relied financially on the deceased.

Nigerian courts require proof of standing before entertaining a will contest. This ensures that only genuinely affected parties can disrupt the probate process.

Grounds for Contesting a Will

Lack of Testamentary Capacity

For a will to be valid, the testator must have had the mental ability to understand the nature of the document, the extent of their estate, and the effect of the distributions made. If evidence shows that the testator was mentally impaired at the time of execution, the will may be set aside.

Medical records, witness testimony, and expert opinions are often used to support such claims.

Undue Influence and Pressure

A will must be the product of the testator’s free will. Where a beneficiary exercised dominance, manipulation, or pressure over the testator, the court may find that the will does not reflect genuine intentions.

This ground is common in cases involving caregivers, close relatives, or individuals who controlled the testator’s environment or finances.

Improper Execution and Formal Defects

Nigerian law requires that a will be in writing, signed by the testator, and witnessed by at least two competent witnesses who are present at the same time. Failure to comply with these requirements can render the will invalid.

Even minor procedural defects may be fatal if they undermine the authenticity of the document.

Fraud, Forgery, and Alteration of Wills

Fraud-related challenges arise where a will is alleged to have been forged, altered, or procured through deception. These claims are serious and must be proven with credible evidence, often including forensic analysis of signatures and documents.

Nigerian courts approach fraud allegations cautiously, given their potential to undermine legitimate testamentary freedom.

Customary and Religious Considerations in Will Disputes

Nigeria’s plural legal system means that inheritance disputes may involve customary or Islamic law. In some cases, a will that contradicts mandatory customary or religious inheritance rules may be partially or wholly invalid.

For example, estates governed by Islamic law are subject to specific distribution principles that may limit testamentary freedom. Courts will examine the deceased’s personal law to determine how these rules apply.

The Probate Process and How Will Contests Arise

Filing a Caveat at the Probate Registry

A caveat is a formal notice filed at the probate registry to prevent the grant of probate. It is often the first step taken by someone who intends to challenge a will. The caveat ensures that the estate is not administered until the dispute is resolved.

Litigation and Court Determination

If the dispute cannot be resolved administratively, the matter proceeds to the High Court. The court will evaluate evidence, hear witnesses, and determine whether the will should be upheld, amended, or declared invalid.

Contesting a will through litigation can be lengthy and emotionally taxing, making early legal advice essential.

Outcomes of Contesting a Will in Nigeria

If the court upholds the will, probate is granted and the estate is distributed according to its terms. If the will is invalidated, the estate may be distributed under intestacy rules or pursuant to an earlier valid will.

In some cases, the court may strike out only the affected portions of the will while preserving the remainder.

Intestacy and Its Consequences

When a will is set aside entirely, intestacy rules apply. These rules vary depending on whether statutory, customary, or Islamic law governs the estate. Intestacy often leads to outcomes that differ significantly from the deceased’s presumed intentions, which is why will disputes can dramatically alter inheritance outcomes.

Considerations Before Contesting a Will

Contesting a will should not be undertaken lightly. It involves legal costs, time, and emotional strain. Delays in challenging a will can also weaken a claim, especially once probate is granted and assets are distributed.

Potential challengers should carefully assess the strength of their case and the long-term implications for family relationships and financial outcomes.

Conclusion

Contesting a last will in Nigeria sits at the intersection of probate, inheritance law, and family relationships. While the law protects testamentary freedom, it also provides safeguards against abuse, coercion, and procedural defects.

Understanding the broader framework of probate and inheritance law helps affected parties make informed decisions. Whether a will is upheld or overturned, clarity, prompt action, and proper legal guidance are essential to navigating inheritance disputes successfully.