Olatokunbo Bamgose

Estate Planning in Nigeria

9 August, 2020

The High Cost of Dying Without a Plan

Estate planning is frequently mislabeled as a task for the elderly. In reality, it is a foundational pillar of financial planning for any professional. When an individual dies intestate (without a valid will), their estate often becomes a battlefield, resulting in frozen assets, astronomical legal fees, and fractured family relationships.

The Pluralistic Legal Challenge

Nigeria’s succession landscape is complex, governed by a blend of statutory, customary, and religious laws. Without a clear, written, and valid will, your estate could be distributed under a system that contradicts your personal wishes, particularly regarding the rights of spouses and daughters.

Strategic Tools for Security

• Validating Wills: A will must be precise. It requires two non-beneficiary witnesses and must be executed with full testamentary capacity to avoid challenges.

• The Power of Trusts: Living and testamentary trusts are underutilized in Nigeria. They allow for the management of assets for beneficiaries—especially minors—long after you are gone, bypassing the delays often associated with probate.

• Business Succession: For founders, a will is insufficient. You need shareholder agreements, buy-sell clauses, and life insurance to ensure your business survives your departure

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