What will means
A will is you deciding, in advance, what happens to what you own.
It names the people who inherit, appoints executors to carry it out, and can appoint guardians for children. It takes effect only on death, and until then you can change it as often as you like.
The alternative is not neutral. Dying without a will hands the decision to the intestacy rules or to customary law, and neither asks what you would have wanted.
How it is used
A will is written, signed by the person making it, and witnessed by two witnesses who are present at the same time. It is then usually deposited at the probate registry or held somewhere secure and known to the executors.
On death the executors apply for probate, which confirms their authority, and then gather the estate, pay debts and distribute according to the will.
Key features
- Takes effect only on death and can be revoked or changed at any time before
- Must be in writing and signed, with two witnesses present at the same time
- Appoints executors, and can appoint guardians for minor children
- Can create trusts, for example holding a child's share until adulthood
- A codicil is used to amend a will without rewriting it entirely
How this works in Nigeria
The witness rule catches people constantly. If a beneficiary, or the spouse of a beneficiary, witnesses the will, the gift to that beneficiary can fail even though the will itself remains valid. Use witnesses who take nothing.
Customary law can also affect how an estate is treated, depending on the deceased's personal law and the nature of the property. That is one reason wills matter more in Nigeria rather than less, because a clearly drafted will reduces the room for competing claims after death.
The practical hardship of having no will is immediate. Bank accounts freeze on notification of death and the family cannot access funds until letters of administration issue, which routinely takes months.
Will vs codicil vs letters of administration
A will sets out your wishes. A codicil is a supplementary document that amends part of a will, useful for a small change such as replacing an executor, without redrafting everything.
Letters of administration are what happens when there is no will. A court appoints an administrator, and distribution follows the intestacy rules rather than anybody's wishes.
The practical difference is control and speed. Probate on a clear will is comparatively straightforward. Administration on an intestate estate is slower, more contentious, and decided by rules the family may find deeply unfair.
Limits and risks
A will can be challenged, on grounds such as lack of capacity, undue influence or improper execution. Clear drafting, proper witnessing and evidence of capacity reduce that risk considerably.
It also does not usually control everything you own. Pension and life insurance proceeds normally follow the nomination filed with the administrator or insurer, and jointly held property may pass outside the will. Reviewing those separately is part of doing the job properly.
Worth knowing
Never let a beneficiary or their spouse witness your will. The will survives, but their inheritance can fail entirely.