THE LEGAL SIGNIFICANCE OF MAKING WILLS: SAFEGUARDING LEGACIES AND CURTAILING SUCCESSIONAL DISPUTES
In Nigeria, where family structures and inheritance traditions are deeply rooted in both customary and statutory law, having a will is so important. A Will is a testamentary disposition usually made by a testator to give instructions to his executors on how he wishes to have his assets distributed upon his demise.
A Will can also be defined as a legal document through which a person, known as the testator, expresses their wishes regarding the distribution of their assets and the care of any minor children after their death. Despite its critical role in estate planning, many Nigerians still pass away without formal wills, leading to unnecessary conflict, prolonged legal battles, and the loss of property.
One of the primary functions of a will is to clearly outline how a person’s assets should be distributed upon their death. In the absence of a will, the estate is distributed according to the rules of intestacy under Nigerian law, which may not align with the deceased’s true intentions. By writing a will, the testator ensures that their assets go to the beneficiaries they have personally chosen whether these are family members, friends, or charitable organizations.
Additionally, family disputes over inheritance are all too common in Nigeria. These conflicts can be emotionally and financially draining and often tear families apart. A properly drafted will can help avoid such disputes by leaving no room for ambiguity. With clear instructions and legally binding terms, a will reduces the chances of quarrels over who gets what.
A will also allows parents to appoint guardians for their minor children. In the absence of a will, guardianship decisions may fall to the courts or be influenced by family politics. This may not reflect the best interests of the children. By naming trusted guardians in a will, parents can ensure their children are raised by people who share their values and beliefs.
Furthermore, Nigeria is home to diverse ethnic groups, each with its traditions on inheritance and family roles. A will allows an individual to reconcile their wishes with customary laws. It provides a formal legal structure for managing property that might otherwise be subject to contentious customary claims, especially in polygamous families or blended households.
Administering an estate without a will can be complex and time-consuming. A will makes this process more straightforward by naming executors who are responsible for carrying out the wishes in the will. This gives executors a clear mandate, reducing delays and ensuring a more efficient transfer of assets. When someone dies intestate (without a will), their estate can become subject to lengthy probate proceedings. Disputes can lead to years of litigation, high legal fees, and the depletion of the estate’s value.
A will can help avoid these delays and costs by streamlining the probate process. Drafting a will often leads individuals to take stock of their financial affairs, settle debts, and consider how best to provide for their loved ones. This fosters a culture of responsibility and transparency, which benefits not just the individual but society at large.
In conclusion, in a country like Nigeria, where informal arrangements and verbal promises often fail to stand up in court, the importance of writing a formal will cannot be overemphasized. Whether you are a landowner, a businessperson, or simply someone with dependents, having a will is one of the most responsible and caring things you can do for your family. It offers peace of mind, ensures your wishes are respected, and protects your legacy for future generations.
