By Fisayo Adediran
Wills are generally undesirable to an average Nigerian due to a lack of trust and the superstitious belief of wishing death upon the person. On the contrary, writing a Will is not only about planning for death, it also helps to protect the interest of your loved ones (beneficiaries) such as your spouse, children, siblings, parents etc.
There are several reasons why every adult is required to write a Will.
Avoid intestacy
If you die intestate (without making a Will), your estate will be distributed according to the native/customary laws or the Administration of Estate Laws of the State. These laws create a hierarchy of inheritance among the surviving relatives which may be contrary to your intentions.
Provide for loved ones
Writing a Will allows you to make gifts to the people you care about and want to provide for upon your death.
Prevent harmful customary practices
A Will helps to protect your loved ones from harmful customary practices such as those that prevent/limit the female child’s inheritance. It also helps to include those who are not entitled to inherit under the prescribed laws.
Appoint guardian(s) for minors
A Will allows you to determine who will take care of your minor children in an event of your death. If you die intestate, the court may upon an application appoint a guardian for your child, and this may not be in your child’s best interest.
Appoint executors
Executors are those who manage the estate and carry out the wishes of the testator upon their death. Writing a Will allows you to appoint trusted people as executors. Otherwise, the administrators will be appointed by the court.
Make funeral arrangements
Funeral arrangements can be included in a Will. This will include the details of how and where you want to be buried upon demise.
Charitable donations
A Will allow testators to leave donations to charitable organizations of their choice.
Easy access to Retirement Savings Account (RSA)
To access the RSA of a deceased person, a Will is one of the requirements provided for in Section 8(2) of the Pension Reforms Act and Article 3.4 (b) of the Revised Regulations on the Administration of Retirement and Terminal Benefits 2022. A Will is important for every employee with a retirement savings account.
Inventory of assets
A Will provides an inventory of assets and makes it easier for the individual’s loved ones to identify and trace the assets.
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