Many Africans abroad own assets in more than one country: a house in Nigeria, savings and pensions abroad, land in the village, shares, business interests and life insurance. Yet most haven’t written a will. When someone dies without one, families can face years of disputes, frozen assets and legal costs across two countries.
This guide provides general information. Speak to qualified lawyers in both countries.
Why a Will Matters
A will lets you:
- Decide who inherits your assets
- Appoint executors to manage your estate
- Name guardians for your children
- Reduce disputes among relatives
- Express wishes about your funeral and burial
Without a will, inheritance may be determined by intestacy laws, and in Nigeria, sometimes customary or religious laws, which may not reflect your wishes.
The Challenge of Two Countries
Different countries have different rules on:
- Who can inherit and how much
- Formal requirements for valid wills
- Probate processes
- Inheritance and estate taxes
- How foreign wills are recognised
Property in Nigeria is generally governed by Nigerian law, while assets abroad follow local rules. A will that works in one country may not work smoothly in the other.
One Will or Two?
Some people write one will covering all assets. Others write separate wills for each country. Separate wills can simplify probate but must be carefully drafted so one doesn’t accidentally revoke the other. A lawyer can advise which approach suits you.
Make Sure Your Will Is Valid
Formal requirements vary but often include signing in the presence of witnesses who aren’t beneficiaries. In the UK, the government’s guide to making a will explains the basic rules for England and Wales. Nigerian law has its own requirements, and customary or religious law may apply in some situations.
Choose Executors Wisely
Executors administer your estate. Consider appointing executors in each country, or professionals such as lawyers or trust companies. Choose people who are trustworthy, organised and able to work with legal systems.
Guardianship for Children
If you have minor children, name guardians. Consider where the children will live, their education and the guardians’ values. Discuss your wishes with potential guardians beforehand.
List Your Assets
Create an inventory including:
- Property and land, with document locations
- Bank accounts in each country
- Pensions and life insurance, including beneficiary nominations
- Investments and shares
- Business interests
- Digital assets and online accounts
Some assets, like pensions and life insurance, may pass according to beneficiary nominations rather than your will. Keep these updated.
Consider Taxes
Inheritance and estate taxes vary between countries. Some estates may face tax in more than one place. Get advice on double taxation and planning options.
Communicate With Your Family
Many disputes arise from surprises. Consider discussing your plans with your spouse and key family members. Tell your executors where your will and documents are kept.
Store Your Will Safely
Keep originals with your lawyer, a will storage service or a secure location. Provide copies or information to executors.
Review Regularly
Update your will after major life events: marriage, divorce, new children, property purchases or relocation. Marriage can revoke existing wills in some jurisdictions.
Customary and Religious Law
In Nigeria, customary law or Islamic law can affect inheritance for some people, particularly for land or where no valid will exists. Discuss your background and wishes with a lawyer who understands how these rules interact with statutory wills. Clear drafting reduces the risk of challenges.
Final Thoughts
Writing a will is one of the most caring things you can do for your family. For diaspora Africans with assets in two countries, professional advice is essential. List your assets, choose executors and guardians, understand legal requirements in both countries and keep your will updated.