Powered by Nigeria’s trusted Will drafting lawyers
Many successful individuals spend years building wealth, acquiring property, establishing businesses and supporting family members. Yet a significant number leave no clear legal instructions about what should happen to those assets when they pass away.
When a person dies without a valid Will in Nigeria, their estate is distributed according to statutory or customary succession rules. These rules may not reflect their wishes and often trigger disputes among family members.
A professionally drafted Will ensures that your assets are distributed according to your intentions, your dependants are protected and your estate administration proceeds efficiently.
At Black Oak Legal, our Will drafting services help Nigeria-based clients and diaspora Nigerians structure their estate in a clear, legally enforceable and tax-efficient manner.
A Will is a legally binding document that specifies how your assets should be distributed after your death and who will administer your estate.
Many Nigerians delay making a Will because it feels uncomfortable, complicated, or unnecessary, until it becomes urgent.
The bitter truth is: dying without a valid Will in Nigeria (dying intestate) means the law, not you, decides who inherits your assets.
Under Nigeria’s intestacy rules, your estate may be distributed in ways that directly conflict with your wishes.
Blended families, business partners, unmarried partners, and dependants outside formal marriage structures are particularly vulnerable and may end up getting nothing.
– Your assets may be distributed according to statutory law or customary law, without taking into cognisance your actual intentions
– Your children from different relationships may receive unequal or no protection
– Your business interests could be frozen or mismanaged during prolonged administration
– Family disputes, litigation, and probate delays can consume significant portions of your estate
– Individuals you intended to provide for, including elderly parents, dependants, or charitable organisations, may receive nothing
A professionally prepared Will eliminates this uncertainty. It gives you control, protects your loved ones, and preserves your legacy on your terms.
A Will is particularly important if you:
– Own real estate or land in Nigeria
– Have bank accounts, investments or pensions
– Have minor children or dependants
– Own a business or shares in a company
– Have property jointly owned with a spouse
– Maintain assets in multiple jurisdictions
– Are a diaspora Nigerian investing or owning property in Nigeria
Even relatively modest estates can generate significant disputes if you fail to give clear, enforceable instructions.
With our Will drafting service, every Will we prepare is drafted specifically for you, reflecting your unique family structure, asset profile, and estate planning objectives while ensuring full compliance with Nigerian law.
We work across all asset classes and family configurations and bring the same precision and confidentiality to every client engagement.
Our lawyers guide you through every element of a legally valid and comprehensive Will, including:
We take full account of your marital status, type of marriage (statutory, customary, or Islamic), children, biological, adopted, and stepchildren and all financial dependants including elderly parents and relatives.
We comprehensively document and provide distribution instructions for all classes of assets, including:
i. Real estate – land, residential and commercial properties, jointly owned properties
ii. Bank accounts – savings, current, domiciliary, and fixed deposit accounts
iii. Investments – shares, bonds, mutual funds, cooperative investments, and crypto assets
iv. Business interests – sole proprietorships, partnerships, and shareholdings
v. Insurance policies – life, health, and asset insurance
vi. Pension and retirement benefits – RSA accounts and pension fund holdings
vii. Vehicles, boats, yachts, and aircraft
viii. Personal property – jewellery, artworks, heirlooms, clothing, and collectibles
ix. Intellectual property – trademarks, copyrights, patents, and licences
x. Foreign assets – properties, accounts, and investments held outside Nigeria
xi. Digital assets – online businesses, domain names, monetised social media accounts, and digital intellectual property
We capture your specific distribution instructions for each asset and beneficiary, including provisions for residuary estate distribution, substitute beneficiaries if a named beneficiary predeceases you, and intentional exclusions where applicable.
Where appropriate, we advise on and draft testamentary trusts within your Will, allowing appointed trustees to manage and distribute assets to beneficiaries, including minor children, under specified conditions. This is particularly important for clients with minor beneficiaries or complex asset portfolios.
If you have children under the age of 18, your Will should appoint a guardian and an alternate guardian to care for them. We ensure this critical provision is properly captured and legally sound.
Your Will must appoint at least one competent Executor. This is the person or institution responsible for applying for probate, settling your debts and taxes, realising assets, and distributing your estate to your beneficiaries. We advise on the selection of both primary and alternate Executors to prevent delays in estate administration.
We document specific gifts to named individuals, and charitable bequests to churches, mosques, foundations, NGOs, and other organisations as you direct.
We record your instructions regarding preferred place of burial, religious or cultural observances, and any other final wishes you wish to express.
We ensure your Will provides clear instructions for the settlement of debts owed by your estate and the recovery of liabilities owed to your estate.
Many diaspora Nigerians maintain significant assets in Nigeria including land, investments and family property.
Without a Nigerian Will, administering these assets can become complex.
Common issues include:
– conflict between foreign wills and Nigerian law
– probate delays
– unclear property ownership records
– disputes among extended family members
Our firm regularly advises diaspora clients on structuring Nigerian estate planning alongside their foreign estate arrangements.
This ensures that their Nigerian assets are properly protected and distributed according to the client’s intentions.
Our Will drafting process is designed to be as clear and stress-free as possible, while ensuring nothing is overlooked.
Our comprehensive Will Drafting Client Information Form covers every aspect of your personal profile, family structure, asset portfolio, and testamentary intentions. This form is the foundation of your Will. All information you provide is treated with strict professional confidentiality in accordance with the Nigeria Data Protection Act 2023.
One of our estate planning lawyers reviews your completed form and schedules a private consultation to discuss your instructions, clarify any ambiguities, and advise you on any legal considerations relevant to your estate, including matters of joint ownership, testamentary trusts, minor beneficiaries, and foreign assets.
This is where our legal expertise does the heavy lifting. Using every detail captured in your Client Information Form and confirmed during your consultation, our estate planning lawyers craft your Will as a precise, legally sound document that spells out your intentions clearly and leaves no room for misinterpretation.
We present your draft Will for your review. Once approved, we guide you through the formal execution process, including signing in the presence of required witnesses, to ensure your Will is legally valid and enforceable.
We advise on secure storage for your executed Will and remain available to assist with amendments, codicils, or estate planning updates as your circumstances evolve.
Our lawyers bring substantive expertise in Nigerian Wills law, estate administration, probate proceedings, and estate planning.
We understand the legal dimensions of different marriage types, customary law considerations, and the treatment of diverse asset classes under Nigerian law.
Our Will drafting service covers the full spectrum of modern estates including traditional real estate and bank accounts to crypto assets, digital businesses, intellectual property, and foreign holdings. We work with the information you give us to ensure no asset is overlooked and no beneficiary is unprotected.
Every detail you share with us is protected by lawyer-client confidentiality and processed in strict compliance with the Nigeria Data Protection Act 2023. Your personal data is never disclosed to third parties except where required for legal compliance or professional collaboration, and only with your express consent.
Black Oak Legal serves clients with diverse estate profiles. Our client base ranges from individuals with modest assets to high-net-worth clients with complex, multi-jurisdictional estates. We bring the same care, rigour, and professionalism to every engagement
Any person who is at least 18 years of age and of sound mind (testamentary capacity) can make a valid Will in Nigeria. A Will made by someone who lacks testamentary capacity, or who was unduly influenced at the time of making it, may be challenged and set aside by a court.
Yes. The type of marriage you contracted, statutory (under the Marriage Act), customary law, or Islamic law, has significant implications for how your estate is administered if you die without a Will.
Even with a Will, certain marriage types interact with inheritance laws in ways that require careful legal navigation. Our lawyers will advise you accordingly.
Absolutely. Our Will drafting service expressly covers digital assets, including online businesses, domain names, monetised social media accounts, and crypto asset holdings.
We advise clients on the appropriate way to address crypto assets ,including wallet IDs, without compromising private key security.
A testamentary trust is a trust created within your Will that takes effect on your death. It allows appointed trustees to hold and manage specified assets for designated beneficiaries such as minor children or beneficiaries who may not be able to manage assets independently.
The trust is created under terms and conditions you specify. If you have minor children or a complex estate, a testamentary trust is often strongly advisable.
Under Nigerian law, marriage after the execution of a Will may revoke it in certain circumstances. We strongly advise clients to review and update their Wills following any significant life event, including marriage, divorce, the birth of children, or the acquisition of substantial new assets.
Once you have completed and submitted your Client Information Form and attended your consultation, we typically complete a draft Will within a timeframe agreed at the outset.
Turnaround times vary depending on the complexity of your estate, but we always work efficiently without compromising the quality or precision of your Will.
Our professional fees will depend on the complexity of your estate and the scope of work involved. We provide transparent fee information at the outset of every engagement. Contact us for a fee discussion or to request a quote.
Your executed Will should be stored in a secure location known to your Executor(s). We advise clients on appropriate storage options and can assist with arrangements for safekeeping. It is important that your Executors know where your Will is held.
Yes, it can. For clients with foreign assets, it is an important consideration that demands careful attention. A Nigerian Will can express your intentions regarding property, bank accounts, and investments held outside Nigeria.
However, cross-border estate planning requires thoughtful coordination between Nigerian law and the legal systems of the relevant foreign jurisdictions, as different countries have different rules governing the recognition and administration of foreign Wills.
At Black Oak Legal, we advise clients with international asset profiles on the appropriate approach to ensure their foreign holdings are properly addressed within their overall estate plan.
This is one of the most persistent and damaging misconceptions about Wills and estate planning in Nigeria. The answer is an unequivocal ‘no’. If you own any property, have a bank account, a business interest, or an investment; if you have children, a spouse, elderly parents, or any person who depends on you financially, or if you have any debts or financial obligations that will survive you, then you need a Will.
Estate planning is not a privilege reserved for the wealthy. Rather, it is a responsibility that belongs to every adult who cares about what happens to the people and things they leave behind.
Do you have any other questions which we haven’t answered here? Please reach out to us by sending a message.
Your family’s future should never be left to chance, to family disputes, or to the default rules of intestacy law. A professionally prepared Will is one of the most important and most loving gifts you can leave behind.
Black Oak Legal is ready to guide you through every step of the process.
Download and Complete Our Will Drafting Client Information Form
Our comprehensive confidential form captures everything we need to begin preparing your Will. Download it, complete it at your own pace, and submit it to us securely.
Book a Private Consultation–
Speak directly with one of our estate planning lawyers to discuss your estate, ask questions, and receive professional guidance tailored to your situation.
Call or Message Us- +234 813 538 0101 ; +234 915 432 8989
Our team is available to answer your initial questions and help you take the first step.