Drafting A Will: Key Considerations Under Nigerian Laws

Drafting a will is important for several reasons, regardless of where you live or your cultural background. A will is a legally recognized document that a person (the testator) uses to specify how their assets and property should be administered after they pass away¹. It is a legal declaration of the testator's intentions and wishes for the administration and allocation of their estates to heirs or beneficiaries. If a deceased individual does not create a will, it may not be possible for them to leave a gift for charity or for persons who are not related to them.

The Supreme Court in the case of Asika v. Atuanya² stated that a will can be defined in two ways. The first definition is philosophical and represents the entirety of the testator's wishes or what he wills to happen after his death. The second is the paper or documents in which that intention is expressed, which is tangible.