Best Will & Testament Lawyers in Jikoyi

About Will & Testament Law in Jikoyi, Nigeria

A will is a written and signed document that states how you want your property to be shared after your death, names the person or people who will carry out your wishes, and can appoint guardians for your minor children. In Jikoyi and the wider Abuja Federal Capital Territory, wills and probate are handled under Nigerian law by the High Court of the FCT through its Probate Registry.

There is no single nationwide Wills Law that applies the same way everywhere. In the FCT, courts rely on a mix of received English law on wills, local statutes, customary law, and where relevant Islamic law. That means the exact rules that apply to your family can depend on your personal circumstances, your marriage type, your religion, and the kind of property you own.

If you live in Jikoyi, you can make a will to control who inherits your land, houses, bank accounts, business interests, vehicles, and personal belongings. A valid will can reduce family disputes, speed up the probate process, and help your loved ones access your assets with fewer delays.

This guide gives general information to help you understand the basics. It is not a substitute for advice from a qualified lawyer who understands FCT procedure and your personal situation.

Why You May Need a Lawyer

You may be able to write a simple will on your own, but a lawyer adds value in many common situations. You likely need legal help if you have more than one marriage or long term relationship, children from different relationships, or dependants with special needs who require trusts or supervised management of funds.

Legal guidance is important if you are Muslim and want your will to respect Islamic succession rules, or if your family also follows customary law that affects family land or traditional property. It is also wise to get a lawyer if you own land or a house with a certificate of occupancy, are a shareholder or director in a company, run a business, or hold assets in different states or outside Nigeria.

Other triggers for legal help include plans to exclude a relative, concerns about family disputes, large debts or personal guarantees, desire to minimize delays and fees in probate, wishes to set up charitable gifts, or the need to appoint reliable executors and guardians. A lawyer will draft clear clauses, ensure proper signing and witnessing, file the right probate papers in Abuja, and help your family avoid costly mistakes.

Local Laws Overview

Formalities for a valid will. A will in the FCT must be in writing, signed by the person making it, and signed by two witnesses who are present at the same time when the maker signs or acknowledges the signature. Handwritten or typed is acceptable as long as the formalities are met. A beneficiary who witnesses the will risks losing the gift made to them, so witnesses should be people who do not inherit under the will.

Capacity and age. The maker must be of full age and sound mind. There are limited exceptions for privileged wills made by active duty soldiers and mariners. Because the FCT relies on received English law unless a local statute says otherwise, speak with a lawyer about age and capacity before signing if there is any doubt.

Revocation and updates. A will can be revoked by a later will, by a written revocation executed with the same formalities as a will, or by destroying the original with the intention to revoke. Marriage can revoke an earlier will unless the will was made in contemplation of that marriage. Changes are made using a codicil or by making a new will.

Customary law and Islamic law. Customary law can restrict gifts of certain family or community property. For Muslims, Islamic inheritance rules can apply to the distribution of the estate, and a will should not exceed the one third limit for bequests outside the fixed shares of Quranic heirs unless the heirs consent. The FCT has both Sharia and Customary Courts of Appeal for related questions.

Oral wills. Some customary systems recognize oral declarations in very narrow situations, often on a deathbed. These are risky, easily disputed, and often limited. A written will is strongly recommended.

Probate in the FCT. After death, the executor named in the will applies for a grant of probate at the Probate Registry of the High Court of the FCT in Abuja. The Registry typically requires the original will, the death certificate, the oath of the executor, an inventory and valuation of assets, publication of notices, and payment of assessed probate fees. If there is no will, the family applies for letters of administration.

Intestacy. If you die without a valid will, your estate is shared under the applicable intestacy rules. In the FCT, the Administration of Estates regime prioritizes spouse, children, parents, and close relatives. Customary or Islamic rules can also apply depending on your personal status. Intestacy often causes delays and disputes, and may not reflect your wishes.

Assets that may pass outside probate. Jointly owned property that carries a right of survivorship can pass to the surviving owner. Retirement Savings Accounts under the Pension Reform framework and life insurance usually follow the beneficiary designations on those accounts. Employer death benefits and cooperative society funds also commonly follow named beneficiaries. Review these designations to keep them consistent with your will.

Foreign or out of state property. Special steps can be required to deal with assets in other states or outside Nigeria. Resealing or fresh grants may be needed. Plan ahead if you own property in multiple jurisdictions.

Electronic and notarized wills. Electronic signatures are not accepted for wills. Notarization is not required. The key is proper signing and witnessing with wet ink and safe storage of the original document.

Frequently Asked Questions

What makes a will valid in Jikoyi and the FCT

The will must be in writing, signed by you, and signed by two witnesses who are present together when you sign or acknowledge your signature. You must have capacity and understand what you are doing. The witnesses should not be beneficiaries, and you should sign each page and date the will to avoid disputes.

Do I need to register my will with any authority

Registration is not required for validity. Some people choose to deposit their original will for safe keeping at the Probate Registry of the High Court of the FCT. Ask the Registry about its will deposit service. Whether or not you deposit, store the original securely and tell your executor where it is.

Who can be an executor and how many should I appoint

An executor should be a trustworthy adult who is willing and able to handle paperwork and family communication. You can appoint one or more executors, and it is wise to name at least one substitute. You can appoint a professional, such as a lawyer, to serve alone or with a family member. Executors may also be beneficiaries.

Can I include land and houses with certificates of occupancy in my will

Yes. Real property in the FCT can be given by will. Be precise in describing the property and include title details such as the plot number and certificate of occupancy number. After probate, the executor will complete the transfer steps and pay any required fees or stamp duty on the deed of assent.

What happens if I die without a will in Jikoyi

Your estate will be distributed under intestacy rules. In general, your spouse and children come first, followed by parents and close relatives. Customary or Islamic law may control parts of the estate depending on your status. Without a will, the court appoints administrators, and the process can take longer and cause disputes.

Can a Muslim in Jikoyi make a will

Yes. A Muslim can make a will, but it should respect Islamic succession rules. Typically only up to one third of the estate can be left to non heirs through a will, and fixed Quranic shares for heirs must be observed. If you are Muslim, consult both an estate lawyer and a knowledgeable Islamic law adviser.

Do I need a lawyer to write a simple will

The law permits a person to write their own will, but mistakes are common and can void gifts. A lawyer will ensure correct wording, proper signing and witnessing, and alignment with local FCT probate practice, customary issues, and Islamic rules where relevant.

Can I change my will after signing

Yes. You can update your will by making a codicil or by signing a new will. Any change should follow the same formalities as a will. Destroy old copies and clearly state that the new will revokes all prior wills and codicils.

How long does probate take in Abuja

Timeframes vary with the size and complexity of the estate, the completeness of paperwork, and whether any caveat or dispute is filed. Straightforward estates can take a few months. Complex estates and contested matters can take a year or more. Good preparation shortens the process.

What fees or taxes apply to estates

Nigeria does not impose a federal estate tax, but probate filing and assessment fees apply and can be significant for large estates. There may also be stamp duty on deeds of assent or transfers. Banks and registries may charge administrative fees. A lawyer can estimate likely costs for your estate.

Additional Resources

High Court of the FCT Probate Registry, Maitama Abuja. Handles will deposit, grants of probate, and letters of administration. Provides forms, fee schedules, and guidance on required documents.

FCT Ministry of Justice, Citizens or Public Rights Services. Offers information on legal processes and referrals to accredited practitioners.

Legal Aid Council of Nigeria, FCT Office. Provides legal assistance to eligible low income residents in civil matters including probate and administration.

Nigerian Bar Association, Abuja Branch. Professional body whose members include estate and probate lawyers who practice before the High Court of the FCT.

Sharia Court of Appeal, Federal Capital Territory. Handles Islamic personal law issues that may arise in inheritance for Muslim families.

Customary Court of Appeal, Federal Capital Territory. Handles customary law questions related to family property and inheritance.

FCT Internal Revenue Service. Provides information on applicable stamp duties and clearances that may be requested during property transfers in an estate.

National Pension Commission and your Pension Fund Administrator. For guidance on naming and updating beneficiaries on Retirement Savings Accounts so that funds transfer smoothly outside probate.

Next Steps

Clarify your goals. Decide who should inherit, who should manage your estate, and who should serve as guardian for any minor children. Think about gifts to extended family, dependants, and charities.

List your assets and debts. Include land and houses, bank accounts, pensions and insurance, vehicles, business interests, digital assets, loans owed to you, and liabilities. Note how each asset is titled and any beneficiary designations already in place.

Choose your executors and guardians. Pick reliable adults and ask them if they are willing to serve. Consider naming a substitute in case your first choice is unable to act.

Consult a local lawyer. Speak with an estate planning lawyer familiar with FCT practice, Islamic law if relevant, and any customary issues. Share your asset list and family details, including prior marriages and children from different relationships.

Prepare and sign your will correctly. Your lawyer will draft the will. Sign it in the presence of two independent witnesses who are not beneficiaries, and ensure all signatures use wet ink on the same occasion. Consider a separate, non binding letter of wishes to guide your executors.

Organize and store documents. Keep the original will in a safe place. Tell your executors where it is. Ask the Probate Registry about depositing the will for safe keeping. Keep copies of title documents, bank details, and identification in an accessible file.

Align non probate assets. Update beneficiary designations on pensions, insurance, and employer benefits to match your plan. Review joint accounts and property co ownership to ensure they work with your will.

Review regularly. Revisit your will after major life events such as marriage, separation, birth of a child, a new property purchase, relocation, or a significant change in wealth. Update by codicil or new will as needed.

Plan for incapacity. Consider a power of attorney for financial matters and clear written guidance for medical decisions. While Nigeria does not have a uniform living will statute, written instructions and trusted decision makers can prevent confusion.

Act now. A clear, properly executed will is one of the most helpful things you can leave your family. Starting the process early gives you time to make careful, informed choices.