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Deed Upon Death for Nigeria

Deed Upon Death Template for Nigeria

A comprehensive legal document governed by Nigerian law that allows an individual (testator) to specify how their assets should be distributed after their death. This document must comply with both federal and state-specific legislation in Nigeria, including relevant customary law considerations where applicable. It incorporates provisions for asset distribution, executor appointments, guardianship arrangements, and specific instructions for estate administration, while ensuring compliance with Nigerian succession laws and considering the country's pluralistic legal system that recognizes common law, customary law, and Islamic law depending on the testator's circumstances.

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Deed Upon Death

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What is a Deed Upon Death?

The Deed Upon Death serves as a crucial estate planning instrument in Nigeria's legal framework, enabling individuals to determine the distribution of their assets posthumously. This document becomes particularly important given Nigeria's complex legal system that interweaves common law, customary law, and Islamic law. It should be prepared while the testator has testamentary capacity and must comply with the Wills Act and relevant state-specific legislation. The document typically includes detailed provisions for asset distribution, executor appointments, guardianship arrangements for minor children, and specific instructions for estate administration. It's essential for anyone with assets in Nigeria, regardless of their residence status, and requires careful consideration of both federal and state-specific legal requirements to ensure validity and enforceability.

What sections should be included in a Deed Upon Death?

1. Declaration and Revocation: Opening statement declaring this as the testator's last will and testament, revoking all previous wills

2. Personal Details: Full identification of the testator including full name, address, occupation, and any other names used

3. Appointment of Executors: Naming of executors and trustees who will administer the estate, including substitute executors

4. Funeral Directions: Specific instructions regarding funeral arrangements and burial wishes

5. General Gifts: Disposition of personal effects, household items, and general bequests

6. Specific Gifts: Detailed bequests of specific items or amounts to named beneficiaries

7. Residuary Estate: Disposition of the remainder of the estate after specific gifts

8. Guardian Appointments: Appointment of guardians for minor children

9. Powers of Executors: Detailed powers granted to the executors in administering the estate

10. Attestation Clause: Formal closing statement and space for signatures of testator and witnesses

What sections are optional to include in a Deed Upon Death?

1. Trust Provisions: Required when creating trusts for minors or other beneficiaries, including terms and conditions of the trust

2. Islamic Law Compliance: Required for Muslim testators ensuring compliance with Islamic inheritance principles

3. Customary Law Considerations: Required when addressing property subject to customary law or traditional inheritance practices

4. Business Interests: Required when the testator has business interests requiring specific succession planning

5. Foreign Assets: Required when the testator owns assets in other countries

6. Digital Assets: Required when addressing digital assets, cryptocurrencies, or online accounts

7. Pets Provision: Required when making specific provisions for the care of pets

8. Alternate Beneficiaries: Required when naming substitute beneficiaries in case primary beneficiaries predecease the testator

What schedules should be included in a Deed Upon Death?

1. Schedule A - Real Property: Detailed list of all real estate owned by the testator

2. Schedule B - Personal Property: Inventory of valuable personal possessions, jewelry, artwork, etc.

3. Schedule C - Financial Assets: List of bank accounts, investments, and financial instruments

4. Schedule D - Business Interests: Details of business ownership, shares, and succession plans

5. Schedule E - Debt List: List of outstanding debts, mortgages, and liabilities

6. Schedule F - Family Tree: Family structure diagram to clarify relationships mentioned in the will

7. Appendix 1 - Asset Documentation: Copies of title documents, share certificates, and other relevant asset documentation

8. Appendix 2 - Letter of Wishes: Non-binding letter providing context and explanation for decisions made in the will

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Property Deed

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Professional Services

Family Business

Agriculture

Healthcare

Education

Religious Institutions

Relevant Teams

Legal

Wealth Management

Private Banking

Estate Administration

Risk & Compliance

Property Management

Financial Advisory

Succession Planning

Trust Services

Client Relations

Relevant Roles

Estate Planning Lawyer

Wealth Manager

Financial Advisor

Trust Officer

Probate Specialist

Private Client Advisor

Family Office Manager

Legal Counsel

Succession Planning Consultant

Property Manager

Risk Management Officer

Insurance Advisor

Tax Consultant

Corporate Secretary

Compliance Officer

Industries








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