Wills act nigeria pdf

Consequently the jurisprudence of estate planning in nigeria is construed in line with the above laws. Persons under 18 who agree to marry or enter civil union. Where by the wills act, 1837, it is enacted, that no will shall be valid unless it. The key laws governing testate inheritance include the marriage act, the administration of estates law of 1959,37 the succession law edict of 1987 as amended by southeast states, the english wills act of 1837, and the wills amendment act of 1852 generally applicable except in the southwest. Electronic pdf copy of this document isavailable for n1,000. Law of succession amendment act 43 of 1992 general law amendment act 49 of 1996 act to consolidate and amend the law relating to the execution of wills. This act shall be called the wills amendment act, 1965, and shall come into operation on a date to be fixed by the state. Property act, 1845, statute of frauds, 1877, the wills act, 1837, the limitations act, 1833.

Some of the formalities of making a valid will are provided in section 9 of the wills act of 1837 which is a statute of general application in nigeria1. Subject to this act, every person may dispose by will executed in accordance with this act all real estate and all personal estate owned by him at the time of his death. Under the wills act, the legal age for making a will is 21 years. Application of stated conditions of sale to all purchases. In some parts of nigeria, for example, the northern part, the main law that governs the making and validity of a will is the wills act of 1837 which is a statute of general application.

An act to consolidate and amend the law regarding the execution, validity, interpretation and protection of wills and the disposal of property by will. How to make a valid will there are certain conditions that must be met in writing a valid will, these conditions are very important as a badly executed will is as good as a worthless piece of paper. Act, 1962 16 of 1962, where such wills are made within the local limits of the 4ordinary original civil jurisdiction of the high courts at calcutta, madras and bombay, and where such wills are made outside those limits, in so far as they relate to immoveable property situated within those limits. Subpart 1making, changing, revoking, and reviving wills. Subject to subsection 1 and subsection 601, notwithstanding the repeal of part ii of the wills act, as it was set out in chapter 293 of the revised statutes of manitoba, 1954, that part ii, so repealed, continues to apply to wills made before july 1, 1955, and to that extent, and for that purpose, shall be deemed to be in full force and effect. In fact it could be said that the law of succession and inheritance reflects nigerias plural legal system. Old practice retained as to preparation, investigation, etc. Authorised by the act parliamentary counselalso accessible at. In some other parts of nigeria, for example, the old western region, it is the wills law of their respective states that is applicable. In anambra state for example, the administration and succession. The bill regulates in simple terms the making of wills and states the effect of testamentary dispositions. Estate of the deceased persons law cap four laws of anambra. In nigeria, the intervention of the state through the promulgation of the land use act, lua 1978 has not helped much. The english wills act of 1937 is applicable to the northern and eastern states, including anambra and rivers states.

There are currently no known outstanding effects for the wills act 1837. Jan 15, 2019 the rights of spouses under the act and customary law. The act extends to all testamentary dispositions or gifts, where a person makes a disposition of his property to take effect. Act 346 wills act 1959 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision, malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006. Only the executors and the executrix the beneficiaries of a will can administer the estate conferred therein. Laws of lagos state, nigeria we provide free online access to documents published on. He is responsible for ensuring that any debts and creditors that the deceased have are paid off and that any remaining money or property is. Electronic pdf copies are available in singles, groups or as a compendium for a fee. Wills act 7 of 1953sa c so far as therein a power conferred by any instrument is exercised or a duty imposed by any instrument is performed, not be invalid merely by reason of the form thereof, if such form complies with the law of the state or territory in which such instrument was executed. This month we complete the detailed look at the wills act 1837. He is responsible for ensuring that any debts and creditors that the deceased have are paid off and that any remaining money or property is distributed according to the wishes of the deceased. Limits of a testator on freedom of will testament nigerian law guru. The act vested the ownership of land rights in the state to ensure equal access to land.

These acts have similarly been incorporated into the law of nigeria and certain other english. It has been established that any nigerian may make a will whether married under the act or under customary or islamic law subject however, to restrictions imposed by law. An act for the amendment of the laws with respect to wills 1073. It restates in modern language the more important provisions of the english wills acts of 1837, 1852 and 1861. Willsservices of a solicitor to a will, what determines the scope and point of termination. As will writers are aware the 1837 wills act wa1837, as amended, supplies the detailed background legislation that must be followed whenever a will is drafted. That might explain why so many adults avoid this cornerstone of estate planning. General nigerian content requirements nigeria lng home.

Wills act 7 of 1953 south african registry of wills and. Ts 9 need for institutional change and land administration bioye tajudeen aluko and abdulrasheed amidu ts9. I, name of the testator, residing at city, state of residence of the testator, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament. Section 9 of the wills act, and section 4 of the wills law of lagos state requires that every will shall be in writing. Electronic compendium pdf of the whole laws of lagos is available. The former western nigeria enacted their own wills law and that replaced the wills. Making a will in nigeria ask the average nigerian if they have made a will, and they will most likely get upset and accuse you of having negative thoughts towards them. Published by law nigeria admin at 28th february 2019. Validity of certain wills executed in accordance with the law of certain other states 4. The actual text of the wills act is provided along with the current. Wills act and the requirements under the nigerian law by mani ojeah writing a will isnt the most pleasant of tasks. Nothing in this act shall apply to land brought under limitation the operation of the registration of titles act. This is the case in a lot of societies where thinking of making a will forces people to think about their own mortality and the inevitability of death.

Provision as to wills of seamen, mariners and crew of commercial airlines 1 notwithstanding the foregoing provisions of this law any seaman, or mariner not being a member of the nigeria navy or crew of commercial airline being at sea or in the air may dispose of his estate though under the age of eighteen years. Where the marriage was celebrated under the act, both husband and wife may inherit each others estate on intestacy. After all, by doing so youre not only acknowledging your own inevitable demise, but actively planning for it. Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed. Locus standi what determines the competence or right of a party to institute an action. Reform of the customary law of inheritance in nigeria. An executor is the person appointed or nominated by the maker of a will to administer or manage his estate after his death. This is the case in a lot of societies where thinking of making a will forces people to think about. Validity of certain wills executed in accordance with the laws of certain other states 4.

These states copied section 31 of the wills act 1837. Oyeneyin, law of succession, wills and probate in nigeria. Wills act 2007 no 36 as at 01 march 2017, public act. These acts have similarly been incorporated into the law of nigeria and certain other englishspeaking african states. Act cap administration of estates administration real estate administratorgeneral apply appointment assets beneficiary clients coker conflict of laws conveyancing court civil procedure court of lagos customary courts customary law death deceased deceaseds distribution domiciled eastern nigeria effect england english law entitled estate. The act presently applies only to the states constituting the former eastern nigeria and northern nigeria. However, under customary law, an oral will is valid. This of course presupposes that he or she did not make a will, or, made a will before getting married. Cases 1 definitions in this act, unless the context otherwise indicates amendment means a deletion, addition, alteration or interlineation.

Everything you need to know about making a will in nigeria. Inheritance in nigeria is normally determined by the customary rules of where the deceased person originates from and not by where he resides or lives, or, where the property is situated. In nigeria, the intervention of the state through the promulgation of the land use act, lua. This act is administered by the ministry of justice. I live with my siblings in the uk, both my parents passed away in nigeria leaving wills to which i am a beneficiary.

The law and practice of nigerian wills, probate and succession. State of nigeria, contains provision similar to section three 1 of the wills act 1837. And, because the indigenous system does not admit that land can ever be. Amended by law of succession amendment act 43 of 1992. A plan for giving first consideration to services provided within nigeria with a list.