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The Law of Succession in Nigeria governs the practice of creating a Will and Testament. The creation of a Will, which stipulates how an individual's properties should be shared after death, is a universal legal procedure. In Lagos, Nigeria, the Wills Law of Lagos State is the governing law. It encourages individuals to distribute their assets according to their intentions, to provide for their families and to ensure legality of the succession process.
Creating a Will and Testament can be a complicated process, especially considering the legal implications of certain decisions. Common reasons individuals may need a lawyer include understanding the nuances of the law, ensuring that the Will is properly drafted and executed, and providing guidance on estate planning strategies. In the event of dispute or litigation, a lawyer's assistance will be invaluable to the execution of the content of the Will.
The key aspects of Will and Testament law in Lagos, Nigeria require a Will to be made by anyone above the age of 21, and contain the signature or mark of the testator or another person signing on their behalf. Two or more witnesses must sign in the presence of the testator. Also, provisions in the Will related to Custodianship and Guardianship are guided by Child's Rights Law of Lagos State. A lawyer can provide rigorous guidance on these specific requirements and more.
Yes, a Will can be changed by the testator during their lifetime. This can be done by writing a new Will or adding a codicil to the existing Will.
If someone dies without a Will (intestate), the Law of Lagos dictates how their properties are distributed among their next of kin. This may not reflect the deceased’s actual wishes. This calls for the importance of a well-drafted Will.
Yes, a lawyer can be named as an executor of a Will. However, it's important to have the lawyer’s consent before making such a decision.
A Will is declared valid when it meets all requirements stipulated by the Wills Law of Lagos State. These requirements include age of the testator, signature of the testator and witnesses, amongst others. If a Will’s validity is in dispute, it is recommended to consult a legal professional.
A Will can be contested in a court of law mainly on grounds of fraud, duress, incapacity of the testator or incorrect execution procedures.
For more information, you may refer to the Nigerian Law of Succession and the Wills Law of Lagos State. Lagos State Ministry of Justice and Citizens' Mediation Centre are also useful resources in need of legal aid and advice.
If you need legal assistance for creating a Will and Testament in Lagos, Nigeria, start by finding a credible lawyer specialised in estate planning and Will drafting. Always ensure to check their accreditation with the Nigerian Bar Association. Conduct an initial consultation to understand your needs and their proposed approach, ensuring they align with your expectations and goals.
