Challenging a will in Nigeria is a formal legal process through which an interested party disputes either the validity or the specific provisions of a deceased person’s will. Such disputes are handled in the Probate Registry of the High Court within the state where probate was granted.
This guide outlines the key legal grounds for contesting a will, the procedural steps involved, and important factors to keep in mind.
Grounds for Challenging a Will in Nigeria
A will can only be successfully challenged if there are strong legal reasons calling its validity into question. Common grounds include:
- Lack of Testamentary Capacity
The testator (person making the will) must have had the mental ability to:- Understand the nature and extent of their assets,Recognize the beneficiaries,
- Undue Influence or Duress
Where a testator is coerced, pressured, or manipulated into making or altering a will against their true intentions, it may be invalidated. This is often seen in cases involving vulnerable individuals, such as the elderly, who are influenced by those in positions of trust or authority. - Fraud or Forgery
A will may be declared void if it is proven to have been forged or fraudulently altered. This includes falsifying signatures, altering content without consent, or deceiving the testator into making provisions they would not have otherwise made. - Non-Compliance with Legal Formalities
Under Nigerian law, a valid will must generally:- Be in writing (except in certain cases under customary law),
- Be signed by the testator or by someone acting under their direction,
- Be witnessed by at least two credible witnesses who sign in the testator’s presence.
Failure to meet these requirements can render the will invalid.
- Conflict with Customary or Religious Laws
In some states, customary or Islamic inheritance laws may restrict how property can be disposed of by will. For example, under Islamic law, fixed shares must be allocated to certain heirs, and under certain customary laws, family property cannot be willed away freely. - Inadequate Provision for Dependents
Nigerian law protects certain dependents—such as spouses, children, or others financially reliant on the testator—from being unfairly excluded. Where a will fails to make reasonable provision for them, it can be challenged.
Who Can Challenge a Will?
Only those with a legal interest in the estate may challenge a will. This includes:
- Surviving family members,
- Beneficiaries named in the disputed or previous wills,
- Creditors,
- Dependents who were omitted or insufficiently provided for.
Procedure for Challenging a Will in Nigeria
Step 1: Gather Evidence: Collect evidence such as medical records, witness statements, or documents proving fraud, coercion, or failure to meet legal requirements.
Step 2: Confirm Legal Standing
Ensure you have the legal right (locus standi) to bring the challenge, only interested parties may do so.
Step 3: File a Caveat at the Probate Registry
The process starts by filing a caveat in the Probate Registry of the High Court where probate was applied for, clearly stating the grounds for challenge.
Step 4: Notify Interested Parties
Executors, beneficiaries, and other stakeholders must be formally served with notice of the challenge.
Step 5: Court Hearing & Burden of Proof
The party supporting the will must first prove it was validly executed, that the testator had capacity, and that it was made freely. Once this is established, the burden shifts to the challenger to prove otherwise.
Step 6: Judgment
If the court finds the will wholly or partially invalid, it may void the relevant parts. The estate will then be distributed under a prior valid will or, if none exists, under intestacy laws.
Important Considerations
- Oral Wills: Recognized only in limited customary law contexts under strict conditions.
- Customary & Religious Law: May override provisions in a will that conflict with statutory requirements.
- Dependent Rights: Statutes safeguard the financial rights of certain dependents, regardless of the will’s contents.
Conclusion
Challenging a will in Nigeria requires a solid legal foundation, compelling evidence, and strict adherence to probate procedures. While courts respect a testator’s wishes, they will set aside a will, or parts of it, where legal flaws, undue influence, fraud, or statutory breaches are proven. For the best chance of success, an experienced probate lawyer should guide the process from filing a caveat to the final judgment.