Signing a Will Does Not Always Prevent a Dispute
Many people assume that once a will has been properly signed, their wishes are guaranteed to be carried out after death. While a valid will provides important certainty and direction, it does not necessarily prevent beneficiaries or other interested persons from challenging its validity.
Disputes concerning wills continue to arise before Nigerian courts, sometimes resulting in lengthy probate proceedings, substantial legal costs, delays in the administration of estates, and serious family conflict.
For individuals with significant assets, family businesses, multiple properties, investments, or complex family arrangements, careful estate planning is therefore essential. The objective should not merely be to prepare a will, but to prepare one that clearly reflects the testator’s intentions and is less vulnerable to future challenge.
Why Are Wills Challenged?
A will may be challenged on several legal grounds. Common allegations include:
- Lack of testamentary capacity;
- Undue influence;
- Fraud;
- Forgery;
- Improper execution;
- Lack of knowledge or approval of the contents; and
- Allegations that the will does not genuinely reflect the testator’s intentions.
A challenge does not necessarily mean that the will is invalid. However, once its validity is placed in dispute, the estate may become subject to litigation before beneficiaries can fully enjoy the assets left to them.
Testamentary Capacity: Did the Testator Understand the Will?
One of the most important issues that may arise in a will dispute is testamentary capacity.
Generally, the person making a will must have sufficient mental capacity to understand that they are making a will, appreciate the nature and extent of the property they are dealing with, and understand the people who may reasonably expect to benefit from their estate.
Questions concerning capacity can become particularly important where the testator was elderly, seriously ill, experiencing cognitive difficulties, or receiving medical treatment around the time the will was prepared or executed.
Where there are legitimate concerns about capacity, appropriate precautions and documentation can help establish the circumstances in which the will was made.
Undue Influence: Was the Testator Acting Freely?
Another potential ground of challenge is undue influence.
This may arise where a beneficiary or another person is alleged to have exerted improper pressure on the testator to make provisions in their favour. Such allegations can become particularly contentious where one individual was heavily involved in the testator’s personal affairs or had significant influence over their decisions.
The greater the perception that a beneficiary controlled or dominated the circumstances surrounding the preparation or execution of the will, the greater the potential for questions to arise after the testator’s death.
Proper estate planning should therefore take into consideration the circumstances surrounding the preparation and execution of the will, particularly where substantial or unusual gifts are involved.
Fraud, Forgery and Improper Execution
A will may also become the subject of litigation where there are allegations of fraud or forgery.
Questions may arise regarding the authenticity of the document, the signature of the testator, the circumstances in which it was prepared, or whether the required formalities for execution were followed.
Even where the testator’s intentions are clear, failure to comply with applicable legal requirements can create grounds for dispute.
This is why wills should be prepared and executed with appropriate legal guidance rather than treated as ordinary documents that can simply be downloaded, completed, and signed.
The Importance of Proper Estate Planning
Proper estate planning can significantly reduce the risks associated with will challenges.
A carefully prepared estate plan should consider the nature and value of the individual’s assets, family circumstances, business interests, intended beneficiaries, and applicable legal requirements.
Legal practitioners can assist in ensuring that the will:
- Accurately reflects the testator’s intentions;
- Properly identifies beneficiaries and assets;
- Complies with applicable legal requirements;
- Is appropriately executed and witnessed;
- Addresses potential areas of family disagreement; and
- Fits within the individual’s broader estate and succession plan.
The objective is not to make a will impossible to challenge—no legal document can guarantee that—but to reduce avoidable weaknesses that could make a challenge more likely to succeed.
Keep Your Estate Plan Updated
Estate planning should not be treated as a one-time exercise.
A person’s circumstances can change significantly over time. Marriage, divorce, the birth of children, the death of a beneficiary, acquisition of new properties, changes in business ownership, and substantial changes in financial circumstances may all justify a review of an existing will.
Regularly reviewing estate planning documents helps ensure that they continue to reflect the person’s current wishes and circumstances.
Keep Appropriate Evidence and Records
In circumstances where questions about capacity or undue influence could reasonably arise, appropriate records may become valuable evidence.
For example, where there are legitimate concerns regarding the testator’s mental capacity at the time of making the will, a medical assessment may help establish the testator’s condition at the relevant time.
Similarly, maintaining appropriate records concerning the preparation and execution of the will can help establish the circumstances in which the document was created.
These precautions can become particularly important where the estate is substantial or the family circumstances are complex.
Estate Planning Is Also About Preventing Family Conflict
A well-prepared estate plan does more than distribute assets. It can reduce uncertainty among beneficiaries and provide a clear framework for dealing with the estate after death.
Where significant assets, family businesses, multiple marriages, or competing interests are involved, leaving important decisions undocumented can create fertile ground for disputes.
Thoughtful planning can therefore help protect both the estate and the relationships between those who are left behind.
What This Means for Families and Estate Planners
A will is one of the most important legal documents an individual may ever sign. However, its effectiveness depends not only on what it says but also on how it was prepared, executed, and maintained.
Individuals should consider their estate plans carefully and obtain appropriate professional advice, particularly where they have substantial assets, complex family circumstances, or business interests.
The goal should be to ensure that final wishes are clearly expressed, legally supported, and capable of withstanding reasonable scrutiny.
Key Takeaway
A will is intended to provide certainty after death, but poor planning can create the opposite result.
Proper estate planning, careful drafting, compliance with applicable legal requirements, appropriate execution, regular reviews, and adequate documentation can significantly reduce the risk of disputes and help protect the testator’s wishes.
The best time to address potential challenges to your will is before they arise.
A publication of Edidiong Akpanuwa & Co.