Point of Law Urges Nigerians To Make Wills, Plan Estates
...Firm Says Early Planning Can Protect Defendants, Reduce Family Disputes
ABUJA — Point of Law has urged Nigerians to prepare valid Wills and plan their estates while alive, warning that unclear arrangements can fuel disputes over property, inheritance, children and business interests after death.
Speaking with GATEWAY TIMES, the firm’s Principal Partner, Bekolari Uthman Rufai, said proper estate planning helps make a person’s wishes clearer and can reduce uncertainty for surviving relatives. The position is contained in a legal opinion issued by the firm on Wills, intestate succession and posthumous family disputes.
The opinion points to public controversies surrounding late singer Mohbad and late gospel artiste Toluwanisings as reminders of the difficulties that can arise when estate arrangements or personal wishes are unclear. It notes that competing public claims about whether Mohbad left a Will were not a conclusive judicial determination. In Toluwanisings’ case, reports of disagreement over burial arrangements highlight the value of communicating such wishes before death.
Mohbad, the late Nigerian singer.
Toluwanisings, the late gospel artiste.
Rufai’s legal opinion stresses that a Will can identify beneficiaries, appoint executors and provide for the management of assets, including a child’s inheritance and transferable business interests. It cannot, however, prevent every dispute or override applicable law, and its validity may still be challenged on legally recognised grounds.
The firm says estate planning is not only for the wealthy. homes, land, savings, vehicles and small businesses can all become the subject of disagreements if ownership records or succession plans are unclear.
Point of Law advises Nigerians to consult a qualified legal practitioner, prepare an inventory of assets and liabilities, ensure that a Will is properly executed, keep it securely and review it after major life changes. It also recommends documenting property ownership and making suitable arrangements for minor children and vulnerable dependants.
The firm’s central message is that a Will cannot remove grief or guarantee family harmony, but it can provide a clearer starting point for administering an estate and help prevent avoidable legal uncertainty.
The legal opinion also cautions that succession rules in Nigeria are not uniform in every circumstance. The law that applies may depend on the state, the location and nature of the property, the form of marriage and the deceased’s personal law. The firm therefore advises against relying on assumptions about what customary, religious or statutory rules will automatically provide.
It further warns that dying without a Will does not mean relatives can simply take over a deceased person’s property. The estate remains subject to the applicable succession and administration rules, but the absence of clear instructions may lead to disputes over who qualifies as a beneficiary, who should apply for Letters of Administration and how assets should be managed or distributed.
According to the opinion, the uncertainty can extend beyond land and money to family businesses, royalties and other intellectual-property rights. Where business shares or other commercial interests are involved, a Will should be coordinated with company documents, shareholders’ agreements and relevant contracts. A Will also cannot transfer property that the deceased did not legally own or correct defective ownership records.
The document identifies cultural discomfort about discussing death, the belief that Wills are only for the wealthy, perceived legal costs and distrust within families as factors that discourage estate planning. It says informal notes or downloaded templates may fail to meet legal requirements or reflect a person’s circumstances, while independent legal advice, proper witnessing and secure storage can help protect the maker’s intentions.
The opinion also refers to the Supreme Court’s decision in Ukeje v Ukeje (2014), in which a customary rule excluding a female child from inheriting her father’s estate was held unconstitutional. It cites Obusez v Obusez (2007) in discussing the relationship between statutory marriage, customary law and succession. The firm says such questions reinforce the need for case-specific legal advice rather than a one-size-fits-all approach.
