Nigeria: Wills/ Intestacy/ Estate Planning

In Nigeria, intestacy is far more common than most people realise. When a person dies without a valid will, it means they died “intestate”; and their estate does not automatically pass to any family member. Instead, it is distributed according to statutes, customary laws of succession, and rules that differ depending on the deceased’s ethnicity or where the deceased lived, their culture or religion.

When a person dies in Nigeria, their assets and liabilities require proper legal administration before distribution to rightful beneficiaries. This comprehensive guide examines the legal framework governing estate administration, distinguishing between Probate and Letters of Administration, and addressing the procedural requirements, common challenges, and practical considerations that executors, administrators, and beneficiaries must navigate when managing deceased estates under Nigerian law.

Trusts and Wills are estate planning vehicles in Nigeria that appear arcane to a cross-section of the public. The reason is not far-fetched; Nigerians are traditionally “testamentophobic” and would rather resort to the use of the extended family structure than rely on Trusts and Wills. This reality creates the need to demystify this area of law which wields a great influence directly or indirectly on the lives and finances of a considerable percentage of the Nigerian population.

Trust is the most valuable invention of equity, particularly in the way it creates a vehicle by which the management of a property could be reposed in an entity different from the entity for which the enjoyment of the property is meant.

It is a common misconception that all trustees share the same duties and responsibilities. In reality, what a trustee is required to do often depends on the nature of the trust...

Lately, I've been thinking about what happens when founders step back and how fragile legacy can become without structure.

Letters of Administration (LoA) are critical legal documents in estate management, especially in cases where a person dies intestate (without a valid will).

Probate is a legal process that validates a deceased person's will or oversees the distribution of their estate if no will exists. In Nigeria, the probate process is critical in safeguarding the interests.

Registering a will in Nigeria is an essential step in estate planning, ensuring that your assets are distributed according to your wishes after death.