By Augustine Ossie Okafor,
Few moments are more sobering than standing in a Probate Registry, clutching the memory of a loved one and hoping for a smooth process to settle their affairs. I recall such a visit in Awka, years after laying my beloved mother to rest. Thankfully, my experience was seamless; made easier by professional and courteous staff.
But for many others, this is not the case. In Nigeria, families are often thrown into turmoil, not by the death itself, but by the confusion and conflict that follow when no Will has been left behind. The tragedy of death becomes compounded by legal uncertainty, family quarrels, and prolonged disputes, all of which could have been prevented with a single document; a Will.
Death is a fate no one escapes. As certain as night follows day, everyone must eventually answer the call of nature and return to their Maker. Yet, many avoid addressing the critical question: what happens to the estate we leave behind? One of the greatest gifts we can offer our families is peace, especially in our absence. Even our Lord and Saviour, Jesus Christ, exemplified this truth in His parting words to His disciples: “Peace I leave with you; my peace I give unto you” (John 14:27). Knowing He was about to return to His Father in heaven, Christ made a conscious effort to leave His people with peace.
He understood the power of reassurance, the value of order, and the grace of departing without confusion. Likewise, writing a Will is not merely a legal necessity; it is an act of foresight, a final blessing, and a means of ensuring that those we love are not left in turmoil after we are gone. He who makes no Will prepares a battlefield for the living.
A Will is a legal document that expresses the wishes of a person called the Testator, on how their assets, properties, and belongings (collectively known as their estate) should be distributed after their demise.
It can also appoint guardians for minors, nominate executors to administer the estate, and state any particular desires, such as funeral arrangements or charitable legacies. A Will gives the Testator a voice after death, guiding loved ones on how their affairs should be managed. To write a Will is to ensure your voice speaks even in silence.
Why Writing a Will Matters
- It Prevents Family Conflicts: One of the most common sources of strife after the death of a parent or breadwinner is disagreement over property. In the absence of a Will, siblings may quarrel, relatives may encroach, and disputes may last for years. Writing a Will creates clarity, prevents speculation, and avoids the bitter fracas that has led many families into division, lawsuits, and even violence.
A particularly telling case involves a real estate developer who passed away, leaving his wife and three children, two sons and a daughter. With several properties in strategic locations, one would have expected the estate to be a blessing. But within three months of his passing, the two sons were already fighting and dragging each other through court, ignoring their sister entirely.
The absence of a Will led to chaos. Had their father written one, his intentions would have spoken from the grave, preserving unity rather than breeding conflict. Sadly, this is not an isolated case, similar scenarios play out daily across Nigeria. The greatest injustice to those you love is to die without a Will, leaving them in confusion, conflict, or courtrooms.
- It Grants Legal Clarity
A Will ensures there is no ambiguity about the Testator’s intentions. It spells out who should get what, thereby reducing the likelihood of court battles or fraudulent claims. Under the Wills Act and the relevant provisions of the Administration of Estates Law, a properly executed Will speaks from death and becomes legally enforceable.
- It Ensures Inclusion and Fairness
In Nigeria, cultural practices, particularly in the South-East, have traditionally excluded the female child from inheritance. The Supreme Court in Ukeje v. Ukeje (2014) unequivocally ruled such discrimination unconstitutional, citing Section 42 of the 1999 Constitution. However, societal resistance remains in practice. A written Will provides a Testator the opportunity to break such bias, ensuring daughters are rightfully recognised and protected.
- It Protects Widows and Children
In many parts of Nigeria, widows are often the first casualties of intestate deaths. Families may eject them from their homes or deny them any share of their husband’s estate. A Will secures their place and entitlements by law.
- It Prevents Delay in Administering the Estate
Without a Will, letters of administration must be obtained, which is often a long and costly process. But with a Will, probate is quicker and more straightforward.
Who Can Write a Will?
Under Nigerian law, any adult (18 years and above) of sound mind and free will can write a Will. For a Will to be valid, it must be: in writing, signed by the Testator, witnessed by at least two independent persons present at the same time, made voluntarily, without coercion.
Although a Will can be handwritten or typed, it is advisable to engage a lawyer or use a certified Will-writing service to avoid technical errors or invalidation. The Will must reflect the true and unforced wishes of the Testator.
The Myth That Writing a Will Brings Death
Many Nigerians avoid writing Wills because of a deeply rooted superstition; that preparing one’s Will hastens death. This belief is unfounded. Avoiding a Will does not avoid death; it invites disorder. Writing a Will does not invite death, rather, it delays chaos. Life is uncertain. A Will ensures that, regardless of when the end comes, your house is in order. There is no dignity in leaving behind turmoil, especially when it could have been prevented by a single document.
Wills and Polygamous Families
Polygamous families are often the hardest hit when there is no Will. Rivalries between wives, full siblings, and half-siblings can spiral into lasting enmity. By writing a Will, the Testator can assign specific shares to each wife and child, outline rights and responsibilities, and prevent manipulation or marginalisation. A wise man plans for generations: a Will is his final plan fulfilled.
How Your Will Speaks After You Are Gone
A Will is not merely a legal document, it is a message from the grave. It allows you to determine how your wealth is preserved, your legacy protected, and your intentions honoured. It safeguards your loved ones from unexpected claims, shields them from exploitation, and grants them the peace to grieve and move on. Peace after death begins with a Will before death.
Consequences of Dying Intestate (Without a Will)
Dying without a Will leaves your estate at the mercy of statutory distribution, often under the Administration of Estates Law. This process might not reflect your wishes. It delays probate, increases costs, and may place the estate under the control of people you never intended to be in charge.
In many instances, families have suffered unspeakable pain, simply because their parent or relative passed without a Will. Houses have been sealed by courts, bank accounts frozen, and innocent dependents pushed into poverty. The family name suffers, and what was meant to be a legacy becomes a tragedy.
In light of the foregoing, a Will is not a death sentence, it is a gift of peace. Everyone who owns anything, no matter how modest, should write one. It is not just for the rich or elderly. It is for every responsible person who wants to ensure their family does not fight, suffer, or fall apart in their absence. Writing a Will is the last responsible act of a responsible life. If you love your family, write your Will.
As one wise elder once said, “A man who leaves the world without a Will, is like a farmer who died in planting season and buried the seeds with him”. Plant your seeds well; let them grow, even in your absence.
Augustine Ossie Okafor, legal scholar and advocate for Justice Reform, writes from Awka, Anambra State, Nigeria.
