By
Okubor Cecil Nwachukwu, Mekwunye Anthony Ndudi
Abstract
In Nigeria, the creation and execution of a will are essential to property succession and the upholding of family unity. The purpose of this essay is to analyse the various purposes of a will in the socio-legal environment of Nigeria, emphasising how it helps to maintain family harmony, provide an orderly transfer of assets, and lessen conflict among heirs. It also examines the social and psychological benefits of wills in providing surviving family members with a sense of continuation. The definition of a will, the laws governing wills in Nigeria, the legal threshold for a valid will in Nigeria, the obstacles to the widespread adoption of testamentary practices, the testamentary capacity of a will, the statutory powers of limitation on testamentary freedom to dispose of a will in Nigeria, and what happens if a Nigerian dies without a will, are all addressed in this paper using a qualitative doctrinal approach. According to the findings, intestacy – the lack of a will – often results in protracted legal disputes, family disintegration, and the implementation of customary laws that might not be in line with the wishes of the departed in Nigeria. The paper’s conclusion suggests that widows and their children can benefit from protection and empowerment when a legitimate will is in place, which is why there is a need for education and awareness on the topic. For the benefit of their dependents, Nigerian men must rise beyond tradition and superstition and embrace wills. To deal with widows and inheritance, government agencies such as the Ministry of Justice, the Legal Aid Council, and the National Human Rights Commission must establish a dedicated desk for this purpose.