Best Will & Testament Lawyers in Maryland

About Will & Testament Law in Maryland, Nigeria

Maryland is a suburb located in Lagos State, Nigeria. The area falls under the jurisdiction of Lagos State, whose laws govern all legal matters, including Wills and Testaments. In Nigeria, a Will is a legal document by which an individual, known as the testator, declares how their assets and property should be distributed after their death. Creating a valid Will helps ensure that the testator’s wishes are fulfilled and can help prevent family disputes. Wills in Nigeria are primarily regulated under the Wills Law of Lagos State and, where applicable, the Wills Act of 1837 (English Law), which Nigeria inherited during the colonial period.

Why You May Need a Lawyer

Several scenarios can make legal support crucial when dealing with Wills and Testaments in Maryland, Nigeria:

• Drafting a Will: To ensure your Will is legally valid and covers all your assets and intentions clearly.
• Complex Estates: If your estate involves multiple properties, businesses, or family complexities, a lawyer ensures proper distribution and helps minimize risk of future disputes.
• Challenging or Defending a Will: If you wish to contest a Will or defend one during probate due to perceived issues such as undue influence or fraud.
• Updating or Revoking a Will: Major life events, such as marriage, divorce, or births, may require alterations to your Will, best handled with legal assistance.
• Probate Process: The legal process through which a Will is validated and executed can be confusing and lengthy without expert help.

Local Laws Overview

Key laws and customs inform Will & Testament procedures in Maryland, Nigeria:

• Legal Age: In Lagos State, anyone 18 years or older and of sound mind can make a Will.
• Written Wills: Must be in writing, signed by the testator, and witnessed by at least two competent witnesses who are not beneficiaries.
• Customary Law: Where individuals are indigenous to certain ethnic groups or do not leave a Will, customary inheritance laws may apply. These can vary depending on the testator's ethnicity.
• Probate Registry: Wills are typically filed at the Probate Registry of the Lagos State High Court, usually in Ikeja, for Maryland residents.
• Revocation: Wills can be revoked or updated any time before the testator’s death through a “codicil” or by creating a new Will.
• Guardianship: A Will may appoint guardians for minors or dependents, which courts generally respect unless contrary to the best interests of the child.
• No Will (Intestacy): If a person dies without a Will, their estate is distributed in accordance with statutory and customary laws, which may differ from the deceased’s wishes.

Frequently Asked Questions

What makes a Will valid in Maryland, Nigeria?

A Will must be in writing, signed by the testator, and signed in the presence of at least two witnesses who are not beneficiaries. The testator must be of sound mind and at least 18 years old.

Can a Will be contested?

Yes, Wills can be challenged on grounds such as undue influence, fraud, lack of testamentary capacity, or improper execution. Interested parties can approach the probate court to contest a Will.

What happens if someone dies without a Will?

If a person dies intestate (without a Will), their estate will be distributed according to the Administration of Estates Law and possibly customary law, depending on the deceased’s background.

Can I include overseas assets in my Will?

Yes, you may include overseas assets. However, it is usually advisable to address foreign assets specifically and, if significant, to seek legal advice in those jurisdictions, as local laws may differ.

Who should keep the original Will?

The original Will can be kept by the testator in a safe place, entrusted to a lawyer, or deposited at the Probate Registry for safekeeping.

Is it possible to change my Will?

Yes, a Will can be amended any time before death through a codicil or by creating a new Will that expressly revokes previous ones.

Are verbal (oral) Wills recognized?

Oral Wills are only valid in very limited circumstances, usually relating to members of the armed forces or seafarers in actual service. Written Wills are the standard and most legally secure format.

What is probate and why is it necessary?

Probate is the process whereby a court authenticates a Will and appoints an executor to administer the estate according to the Will’s terms. It’s necessary for legal transfers of property and safeguarding the wishes of the deceased.

Can customary law override a written Will?

A valid Will generally takes precedence over customary inheritance laws. However, in some cases, customary law may be considered, especially when the Will is silent on certain assets or in the case of family land.

Who can be appointed as executor in a Will?

Anyone of sound mind and legal age can be appointed executor, including relatives, trusted friends, or professionals. It is common to appoint a lawyer or bank as co-executor for complex estates.

Additional Resources

For more help and official information, these resources may be of assistance:

• Lagos State Probate Registry: Handles matters concerning the validity and execution of Wills for residents of Maryland.
• Lagos State Ministry of Justice: Provides legal information and services, including guidance on Wills and succession laws.
• Nigerian Bar Association (Ikeja or National office): Can provide referrals for qualified legal practitioners specializing in Wills and probate law.
• Legal Aid Council of Nigeria: Offers limited legal support to those who qualify based on means testing.
• Community Dispute Resolution Centers: May help mediate inheritance disputes.

Next Steps

If you need legal assistance with a Will or Testament in Maryland, Nigeria:

• Gather Information: List your assets, dependents, and personal wishes regarding the distribution of your estate.
• Consult a Qualified Lawyer: Engage a legal practitioner who specializes in probate, succession, or estate planning to guide you through the legal requirements and help you draft or review your Will.
• Understand Your Options: Discuss options for guardianship, executors, and the handling of complex or foreign assets.
• Prepare Proper Documentation: Ensure all documents are signed and witnessed as required by law.
• Safeguard Your Will: Decide where your original Will should be stored (with your lawyer, at home, or with the Probate Registry).
• Update as Needed: Review your Will periodically, especially after major life changes, to ensure it reflects your current wishes.