- in Nigeria
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Introduction
It often starts with a shock. A family opens a Will and finds that the estate has been shared in an unexpected way—one child receives nothing, a neighbour benefits significantly, or the executors are people the family did not expect. Questions follow quickly: "Was this really their intention?" "Who was with them when they signed?" "Were they unwell?" "Was this even properly witnessed?"
These questions matter because Nigerian courts apply strict rules to Wills. If a Will fails key legal requirements, the court may set it aside. If someone alleges pressure, fraud, or lack of capacity, the court will demand strong proof.
This article explains the common grounds for disputing a Will in Nigeria, highlights the warning signs that often lead to probate disputes, and sets out practical steps clients can take—either to respond quickly when a dispute arises or to reduce the risk of one in the first place.
Understanding the Legal Requirements for a Will
Many Will disputes begin with a basic question: did the Will meet the legal requirements? Nigerian courts apply these requirements strictly. If a Will fails on the essentials, the court may refuse to uphold it, regardless of how reasonable the outcome appears1.
In general, a Will must be:
- in writing;
- signed by the testator (i.e., the person making the Will); and
- witnessed by at least two people, in line with the applicable law.
The testator must also meet the minimum age requirement, which depends on the law that applies. Under the Wills Act, the age is 21,2 but many States have adopted Wills Laws that set the age at 18.3
Beyond formality, the testator must have capacity—they must understand that they are making a Will and what it means. The Will must also reflect the testator's free choice, not a document produced by fraud or improper pressure.
Where any of these issues arise—faulty execution, age concerns, capacity questions, or allegations of fraud or pressure—families often end up in probate litigation.
Common Grounds for Disputing a Will in Nigeria
Once the legal requirements are questioned, disputes usually turn on how the Will was made and the circumstances surrounding it. Nigerian courts recognise several grounds on which a Will may be challenged.
1. Improper Signing or Witnessing
A Will may fail if it was not properly signed or witnessed. In simple terms, the testator must sign the Will and do so in the presence of at least two witnesses. The witnesses must understand that they are witnessing a Will, even though they do not need to know what it contains.
Problems often arise where signatures are missing, witnesses were not present at the same time, or there is doubt about whether the testator actually signed the document. Where these issues exist, courts may refuse to uphold the Will.
2. Concerns About the Testator's Mental Capacity
This is one of the most common reasons Wills are disputed. A Will may be challenged where there is evidence that the testator did not fully understand what they were doing at the time they gave instructions or signed the Will. The courts have consistently held that a testator must be of sound mind, understanding the consequences of their depositions.4
Essentially, courts focus on whether the testator:
- understood that they were making a Will;
- knew the nature and value of the property involved; and
- recognised the people who were likely to benefit from their estate.5
Capacity must exist at the time instructions are given and at the time the Will is signed. Later illness does not invalidate a Will that was properly made, just as later recovery does not cure a Will made when the testator lacked capacity.
Courts generally presume that a person has capacity unless proven otherwise.6 Medical records, witness accounts, and notes from the drafting lawyer often play an important role in resolving these disputes.
3. Undue Influence or Pressure
A Will may be set aside if it was produced through pressure that overpowered the testator's free choice. This goes beyond normal family discussions or persuasion.
Courts look closely at the surrounding circumstances. Red flags may include isolation of the testator, secrecy in preparing the Will, or a situation where one person benefits significantly after being closely involved in the Will-making process.7
Because undue influence is difficult to prove, courts require strong and convincing evidence. Suspicion alone is not enough.
4. Fraud, Forgery, or Serious Mistake
A Will may be challenged where it was based on false information, deliberate deception, or serious errors that do not reflect the testator's true wishes.
Fraud may involve misleading the testator into making certain gifts. Forgery typically involves a disputed signature and may require expert evidence. Mistakes—such as incorrect property descriptions or unintended beneficiaries—may invalidate part or all of a Will if the court cannot correct them.
5. Revocation and Conflicting Wills
Disputes often arise where more than one Will exists. A later Will can cancel an earlier one, especially where it clearly states that it revokes previous Wills or contains substantially different provisions.
Where multiple documents conflict, the court must determine which one reflects the testator's final intentions.
Who Can Challenge a Will and What to Expect
Not everyone can challenge a Will. Nigerian courts only hear disputes from people who have a real interest in the estate. In most cases, this includes close family members such as spouses, children, or dependants. It may also include people named as beneficiaries in an earlier Will, even if they are not related to the deceased. What matters is whether the person stands to gain—or lose—depending on whether the Will is upheld.
Once a challenge begins, the court focuses first on the basics. The party relying on the Will must show that it was properly prepared, signed by the testator, and witnessed in line with the law. If these formal steps are not in dispute, attention often shifts to the circumstances surrounding the Will.
Where capacity is questioned, medical records, hospital notes, witness statements, and written communications from the testator may all be relevant. Courts decide these cases on evidence, not assumption or family disagreement, which is why early advice and careful preparation matter.
Practical Guidance for Clients
If You Are Considering Challenging a Will
- Act early. Delays can reduce your options and weaken your position.
- Gather documents immediately, including previous Wills, medical records, and communications with the deceased.
- Identify witnesses who were present during the Will-making process.
- Consider whether negotiation or settlement may be more practical than prolonged litigation.
If You Want to Protect Your Will from Future Disputes
- Use experienced legal advisers to prepare and execute the Will properly.
- Because uncertainty fuels contention, ensure instructions are clear and well documented. Beneficiaries should be clearly and fully identified, and all assets intended for distribution must be distinctly described.
- Where capacity may later be questioned, obtain medical confirmation at the time of execution.
- Avoid secrecy. Transparency during the Will-making process often reduces suspicion and conflict.
- Review and update your Will regularly, especially after major life events such as marriage, divorce, birth of children, acquisition or disposal of assets etc..
Conclusion
Will disputes often start with emotion, but courts decide them on evidence. Nigerian courts respect a person's right to distribute their estate as they choose, but they also apply strict legal requirements to ensure the Will reflects genuine, informed, and voluntary intentions.
For families considering a challenge, the key is to act early and focus on what can be proved—how the Will was signed and witnessed, whether the testator had capacity, and whether the surrounding circumstances point to pressure, fraud, or irregularity. For testators, the best protection is careful planning: proper execution, clear instructions, careful record-keeping, and extra safeguards where capacity may later be questioned.
For further information on Will preparation and review, probate applications, estate administration, or disputing/defending a Will in court, or any part of this article, please contact Oluwadara Omoyele.
Footnotes
1. Mudasiru v. Abdullahi (2011) 7 NWLR (Pt. 1247) 591 and Odunewu v. Martins (2011) 8 NWLR (Pt. 1250) 574.
2. Section 7 of the Wills Act, 1837.
3. Section 3 of the Wills Law of Lagos State, Section 6 of the Wills Law of Kaduna State, Section 5 of the Wills Law of Abia State and Section 5 of the Wills Law of Oyo State.
4. Okelola v. Boyle (1998) 2 NWLR (Pt. 539) 533.
5. Adebajo v. Adebajo [1973] All N.L.R. 297, Okeke v. Okeke (2019) 17 NWLR (Pt. 1701) 267 at 291 (CA); Kwentoh v. Kwentoh (2010) 5 NWLR (Pt. 1188) 543 at 576 (CA), Banks v. Goodfellow (1870) LR5, QB 544
6. Section 149(b) of the Evidence Act, 2011 (as amended); Odutola v. Mabogunje (2013) 7 NWLR (Pt. 1354) 522 at 552-553 (SC).
7. Okelola v. Boyle supra.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
