WHY A BENEFICIARY SHOULD NOT SIGN AS A WITNESS TO A WILL

WHY A BENEFICIARY SHOULD NOT SIGN AS A WITNESS TO A WILL

It may seem harmless to ask a family member or close friend to witness your will, but if that person is also listed as a beneficiary, it can deprive him of his inheritance.

This is one of the mistakes people make when preparing their wills in Nigeria.

Under Nigerian law, a person who witnesses a will is confirming that the person making the will signed it voluntarily and in sound mind.

But if that same person is also a beneficiary of the will, the law assumes that he may have influenced in his favour, person making the will.

As a result, any property or benefit left to that witness becomes invalid, no matter how genuine the intention was.

Imagine being named as the owner of a valuable land, house or other asset, only to lose it simply because you signed as a witness.

The will itself may still be valid, but your portion of it becomes legally invalid. Courts do not entertain excuses in such cases; the law prioritizes fairness and prevents suspicion of undue influence.

This is why a person who wants to make a will should engage a competent Property and Business Lawyer who will ensure that the document is properly drafted, correctly witnessed and fully compliant with legal standards so that no one’s inheritance is lost to technical errors.

At Apex Chambers, we do not want you to make mistakes while making a will.

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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate/Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria

Phone: +234(0)7030868694 (Calls & Whatsapp)
Email: info@apexchambersglobal.com
Website: www.apexchambersglobal.com