Will with Trust (Nigeria)
LAST WILL AND TESTAMENT WITH TESTAMENTARY TRUST
LAST WILL AND TESTAMENT WITH TESTAMENTARY TRUST
This is the Last Will and Testament of me, [Testator Name], of [Testator Address], [Testator Occupation], of [Testator State Of Origin] origin, made on the [Will Date].
REVOCATION
1. REVOCATION OF PREVIOUS WILLS
I hereby revoke all former wills, codicils, and testamentary dispositions previously made by me and declare this to be my last Will and Testament.
DECLARATION
2. DECLARATION
I declare that I am making this Will freely and voluntarily, that I am of sound mind, memory, and understanding, and that I understand the nature and effect of this Will and the extent of the property of which I am disposing.
APPOINTMENT OF EXECUTORS
3. APPOINTMENT OF EXECUTORS
I appoint [Executor 1 Name] of [Executor 1 Address] ([Executor 1 Relationship]) as the Executor of this Will ("my Executor").
If [Executor 1 Name] predeceases me or is unable or unwilling to act, I appoint [Executor 2 Name] of [Executor 2 Address] as substitute Executor.
My Executor shall obtain probate of this Will at the Probate Registry of the relevant State High Court, collect all assets forming part of my estate, pay all my debts and funeral expenses, and distribute my estate in accordance with this Will.
APPOINTMENT OF TRUSTEES
4. APPOINTMENT OF TRUSTEES
I appoint [Trustee 1 Name] of [Trustee 1 Address] and [Trustee 2 Name] of [Trustee 2 Address] as the Trustees of the testamentary trust established under this Will ("the Trustees"). The expression "the Trustees" where the context permits shall include any trustee or trustees for the time being holding office. The Trustees shall have the powers conferred by the Trustee Act (Cap T22, Laws of the Federation of Nigeria 2004) and the additional powers set out in this Will.
APPOINTMENT OF GUARDIANS
5. APPOINTMENT OF GUARDIANS
If any of my children are minors at my death, I appoint [Guardian Name] of [Guardian Address] as guardian of such minor children under Section 72 of the Child Rights Act 2003. The guardian shall have parental responsibility for my minor children and shall act in their best interests in all matters relating to their upbringing, education, and welfare.
SPECIFIC GIFTS
6. SPECIFIC LEGACIES
[Specific Gifts]
RESIDUARY ESTATE AND TRUST FUND
7. RESIDUARY ESTATE
Subject to the payment of my funeral and testamentary expenses and all my just debts and liabilities, I give, bequeath, and devise the whole of my real and personal estate not otherwise specifically disposed of by this Will ("the Residuary Estate") to the Trustees to hold on the trusts set out in Clause 8 of this Will ("the Trust Fund").
TESTAMENTARY TRUST PROVISIONS
8. TESTAMENTARY TRUST
The Trustees shall hold the Trust Fund upon the following trusts:
8.1 Trust Beneficiaries: [Trust Beneficiaries].
8.2 Surviving Spouse: [Surviving Spouse Provision].
8.3 Trust Purpose: [Trust Purpose].
8.4 Vesting: The trust shall vest in each beneficiary absolutely on that beneficiary attaining the age of [Vesting Age]. Upon vesting, the Trustees shall transfer that beneficiary's share of the Trust Fund to them absolutely. Each beneficiary's share shall be equal unless I have otherwise directed in this Will.
8.5 Powers of Investment: [Trustee Investment Powers]. The Trustees shall at all times act prudently in the management and investment of the Trust Fund and shall comply with the provisions of the Trustee Act (Cap T22, LFN 2004) and applicable investment regulations.
8.6 Power of Maintenance: Until each beneficiary attains the vesting age, the Trustees shall have power to apply all or part of the income (and, if necessary, capital) of the Trust Fund for the maintenance, education, health, housing, and general welfare of the beneficiaries as the Trustees in their absolute discretion think fit.
8.7 Power of Advancement: The Trustees shall have power at any time to pay or transfer to any beneficiary up to one half of the capital share to which they would be entitled on vesting, for their advancement or benefit, whether or not the beneficiary has attained the vesting age.
8.8 Death before Vesting: If any beneficiary dies before attaining the vesting age, that beneficiary's share shall accrue equally to the surviving beneficiaries. If all beneficiaries die before vesting, the Trust Fund shall be distributed equally among my surviving next of kin.
8.9 Trustee Remuneration: Any professional trustee or corporate trustee acting under this Will shall be entitled to charge reasonable professional fees for their services, which shall be paid from the Trust Fund as an expense of the trust.
REAL PROPERTY
9. REAL PROPERTY — LAND USE ACT
All real property (land and buildings) forming part of my estate is held subject to the Land Use Act 1978, which vests all land in the Governors of the respective states as trustees for the people of each state. My Executor and the Trustees are authorised to take all necessary steps to obtain any Governor's Consent required under Section 22 of the Land Use Act 1978 to transfer interests in real property to the Trust Fund, and to apply to the relevant State Land Registry for the appropriate endorsements and registrations.
GENERAL PROVISIONS
10. GOVERNING LAW
This Will shall be construed and administered in accordance with the laws of the Federal Republic of Nigeria, and in particular the Wills Law of Lagos State 2015 (where applicable), the Trustee Act (Cap T22, LFN 2004), the Administration of Estates Law of Lagos State 2015, and the Land Use Act 1978.
11. RESIDUARY DIRECTION
Any property not disposed of by this Will shall form part of my Residuary Estate and shall pass into the Trust Fund as if specifically directed by this Will.
EXECUTION
IN WITNESS WHEREOF I, [Testator Name], have signed this my last Will and Testament on the [Will Date].
SIGNED by the TESTATOR: [Testator Name]
Signature: ___________________________
Date: ___________________________
SIGNED by the above-named Testator as their last Will and Testament in our joint presence and then by us in the presence of the Testator and of each other:
WITNESS 1:
Signature: ___________________________
Full Name: ___________________________
Address: ___________________________
Occupation: ___________________________
Date: ___________________________
WITNESS 2:
Signature: ___________________________
Full Name: ___________________________
Address: ___________________________
Occupation: ___________________________
Date: ___________________________
Testator
________________
Signature
Witness 1
________________
Signature
Witness 2
________________
Signature
What Is a Will with Trust (Nigeria)?
A Will with Trust in Nigeria records how an individual's assets are to pass to named beneficiaries once it takes effect on death. It directs the distribution of the testator's estate to named beneficiaries upon death.
Wills and testamentary trusts in Nigeria are governed by a combination of statute law, customary law, and common law principles. In Lagos State — Nigeria's principal commercial jurisdiction — the primary legislation governing wills is the Wills Law of Lagos State 2015 (which repealed and replaced the Wills Law Cap W2, Laws of Lagos State 2003). The Wills Law of Lagos State 2015 sets out the formal requirements for a valid will in Lagos State, including the requirement that the testator be at least 18 years of age and of sound mind, that the will be in writing, signed by the testator (or by another person at the testator's direction and in their presence), and that the signature be made or acknowledged in the presence of at least two witnesses who are present at the same time and who each attest and subscribe the will in the presence of the testator.
In the northern states and in states that have not enacted their own wills legislation, the applicable statute is the Wills Act 1837 (an English statute received into Nigerian law via the Reception Statute) as modified by the relevant state courts law. The Administration of Estates Law of Lagos State 2015 governs the administration of deceased estates in Lagos State, including the appointment of executors, the payment of debts, and the distribution of estate assets.
Testamentary trusts in Nigeria are governed by the Trustee Act (Cap T22, LFN 2004), which was inherited from the English Trustee Act 1893 and sets out the powers and duties of trustees, including powers of investment, powers of sale, and powers of management of trust property. The Investment and Securities Act 2007 (ISA 2007) and its successor legislation regulate the investment of trust funds through Securities and Exchange Commission (SEC Nigeria) licensed fund managers. The National Pension Commission (PenCom) and the pension fund system under the Pension Reform Act 2014 provide parallel retirement saving structures outside the testamentary trust framework.
Customary law presents a parallel legal framework for succession in Nigeria. Under Islamic law (operative in the northern states for Muslims), the distribution of a deceased's estate among heirs follows the rules of Mirath — a fixed inheritance system prescribing specific shares for categories of heirs — which may restrict the testator's freedom of testation. Under Southern Nigerian customary law (for example, Yoruba or Igbo customary succession), the eldest son (as Dawodu in Yoruba custom) may have customary rights over the family compound (omonile land) that cannot be wholly overridden by a written will without proper legal planning.
When Do You Need a Will with Trust (Nigeria)?
A Will with Trust is needed in Nigeria whenever a testator wishes to provide for a beneficiary who cannot or should not receive assets outright at the time of the testator's death.
A will with testamentary trust is required when a parent has minor children (under the age of 18 under the Child Rights Act 2003) and wishes to confirm that their estate is managed and preserved for the children's benefit until they reach an age at which they are capable of managing the assets themselves — typically 21 or 25 years.
A will with trust is needed when a testator has a beneficiary with a physical or mental disability — such as a child with Down Syndrome or a spouse with dementia — who lacks the legal capacity to hold property or manage financial affairs independently. The trustees can provide for the beneficiary's care, medical expenses, and maintenance from the trust fund without making an outright distribution that might be mismanaged or dissipated.
A will with trust is required when a testator owns a family business, investments, or real estate in Nigeria and wishes to confirm continuity of management and avoid forced immediate liquidation upon death. A testamentary trust can hold shares in a company registered under the Companies and Allied Matters Act 2020 (CAMA 2020) or real estate subject to the Land Use Act 1978 for a defined management period.
A will with trust is needed when a testator has a surviving spouse who may be elderly, financially inexperienced, or vulnerable to third-party influence, and the testator wishes to confirm the assets are professionally managed for the spouse's lifetime while ultimately passing to children on the spouse's death.
A will with trust is required for Nigerian high-net-worth individuals and business owners who wish to engage in estate tax planning or succession planning for significant assets — including property in multiple states, shares in private companies, and foreign investments — subject to the guidance of an estate planning solicitor enrolled with the Nigerian Bar Association (NBA).
A testator in Nigeria should make a Will with Trust while of sound mind rather than leaving vulnerable beneficiaries to inherit outright assets they cannot manage. The Probate Division of the State High Court gives effect to the written Will and trust terms rather than oral wishes. The Wills Law of Lagos State 2015 (or the Wills Act 1837 and applicable state Wills Law elsewhere) sets the formal requirements, the Trustee Act (Cap T22, LFN 2004) governs the trustees' powers and duties, and for a Muslim testator the Faraid rules applied by the State Sharia Court of Appeal limit bequests to one-third of the estate without heirs' consent.
What to Include in Your Will with Trust (Nigeria)
A Nigeria Will with Trust must contain the following essential elements to be valid, enforceable, and effective in establishing the testamentary trust.
Testator Identification: The full legal name, address, nationality, state of origin, religion, and marital status of the testator. The will should state that the testator is of sound mind, memory, and understanding at the date of execution.
Revocation Clause: A declaration revoking all previous wills and testamentary dispositions. This confirms the current will is the operative document under the Wills Law of Lagos State 2015 or the applicable state legislation.
Appointment of Executors: The names and addresses of one or more executors responsible for obtaining probate at the Probate Registry of the relevant State High Court, collecting the testator's assets, paying debts and taxes, and distributing the estate in accordance with the will. It is advisable to appoint substitute executors in case the primary executors predecease the testator or are unable to act.
Appointment of Trustees: The names and addresses of one or more trustees to hold the trust assets. Trustees may be the same persons as the executors or different persons. A professional trustee — such as a bank or trust company licensed by the Central Bank of Nigeria (CBN) — provides continuity and expertise. Under the Trustee Act (Cap T22, LFN 2004), trustees have statutory powers of investment, sale, and management.
Guardianship Clause (for minor children): The appointment of one or more guardians for any minor children of the testator under Section 72 of the Child Rights Act 2003, to have parental responsibility for the children if both parents are deceased.
Specific and Residuary Gifts: Any specific legacies (for example, a named property, a vehicle, or items of jewellery left to a named beneficiary) and the residuary clause directing the remainder of the estate into the testamentary trust.
Trust Provisions: The terms of the testamentary trust, including: (i) the identity of the trust assets (typically the residuary estate or named assets); (ii) the names of the trust beneficiaries; (iii) the purpose of the trust (maintenance, education, and advancement); (iv) the trust termination date or vesting age; and (v) the trustees' powers of investment, maintenance, advancement, and accumulation.
Execution: The will must be signed at the foot by the testator in the presence of at least two witnesses who are both present at the same time, who each attest and subscribe the will in the testator's presence. Witnesses must not be beneficiaries or spouses of beneficiaries under the will.
Additional compliance elements for a Will with Trust (Nigeria) include execution in accordance with the Wills Law of Lagos State 2015 (or the Wills Act 1837 and applicable state Wills Law), conferral of trustees' powers under the Trustee Act (Cap T22, LFN 2004), appointment of guardians for minors under Section 72 of the Child Rights Act 2003, and — for a Muslim testator — observance of the one-third bequest limit under the Faraid rules applied by the State Sharia Court of Appeal. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Will with Trust (Nigeria) (Nigeria) [Legal document template]. Forms Legal. https://forms-legal.com/nigeria/estate-planning/wills/will-with-trust-nigeria
"Will with Trust (Nigeria) (Nigeria)." Forms Legal, 2026, https://forms-legal.com/nigeria/estate-planning/wills/will-with-trust-nigeria.
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year = {2026},
howpublished = {\url{https://forms-legal.com/nigeria/estate-planning/wills/will-with-trust-nigeria}},
note = {Free legal document template. Based on Wills Act 1837 (received English law)}
}Frequently Asked Questions
A testamentary trust in Nigeria is a trust created by a will that comes into existence on the death of the testator and takes effect when the executors complete the administration of the estate and transfer the trust assets to the trustees. Unlike an inter vivos (living) trust, which is created during the testator's lifetime, a testamentary trust does not arise until the testator dies and does not affect the testator's assets during their lifetime. The testamentary trust is governed by the trust provisions set out in the will and by the Trustee Act (Cap T22, LFN 2004), which provides trustees with default statutory powers of investment, sale, insurance, delegation, and payment of maintenance to beneficiaries. The trustees hold the trust assets on behalf of the trust beneficiaries — who may be minor children, a surviving spouse, or other dependants — and manage the assets for the beneficiaries' benefit until the trust terminates. The trust typically terminates when the beneficiaries attain a specified age (for example, 25 years), marry, or satisfy another condition specified in the will. On termination, the trust assets are distributed to the beneficiaries absolutely. Testamentary trusts in Nigeria have historically been used primarily by high-net-worth individuals and families with significant assets, but are increasingly accessible to middle-class families with minor children and property portfolios.
The formal requirements for a valid will in Lagos State are prescribed by the Wills Law of Lagos State 2015. To make a valid will in Lagos State, the testator must: (1) be at least 18 years of age (or a soldier on active military service, to whom special rules apply); (2) be of sound mind, memory, and understanding at the time of making the will — meaning the testator must understand the nature and effect of making a will, understand the extent of the property being disposed of, know and appreciate the claims of those who may reasonably expect to benefit, and have no mental disorder that affects the testamentary disposition; (3) make the will in writing — typed, printed, or handwritten (holograph wills are valid in Lagos); (4) sign the will at the foot or end, or direct another person to sign it in the testator's presence and at their direction; and (5) make or acknowledge the signature in the presence of at least two witnesses who are both present at the same time, and who each attest and subscribe the will in the testator's presence. A beneficiary (or the spouse of a beneficiary) who witnesses a will in Lagos State does not invalidate the will, but forfeits any gift they would have received under the will under Section 13 of the Wills Law of Lagos State 2015. The will must be deposited for safe-keeping or presented for probate at the Probate Registry of the Lagos State High Court after the testator's death.
The choice of trustees for a testamentary trust in Nigeria requires careful consideration. A trustee must be a person of legal capacity — at least 18 years of age and of sound mind. A trustee has fiduciary duties to the beneficiaries under the Trustee Act (Cap T22, LFN 2004) and must act in the beneficiaries' best interests, invest the trust assets prudently, keep accounts, and administer the trust impartially. The will should appoint at least two individual trustees or a sole corporate trustee. Individual trustees are typically close family members or trusted friends who know the beneficiaries, but they may lack financial expertise and may predecease the testator. Professional or corporate trustees — such as a bank trust department, an asset management company regulated by the SEC Nigeria Investment and Securities Act 2007, or a registered trust company — offer expertise, continuity, and impartiality, though they charge professional fees. In practice, many Nigerian testators appoint a combination of a family member (as a protector or co-trustee) and a professional corporate trustee. The Trustee Act (Cap T22, LFN 2004) provides for the appointment of new trustees where a trustee dies, refuses to act, or is incapable of acting, and the trust instrument should include provisions for trustee retirement and replacement.
Customary law significantly affects testamentary freedom for Nigerian Muslims and for testators holding assets subject to customary tenure. For Nigerian Muslims in the northern states and elsewhere, Islamic law (Sharia) governs succession to movable and immovable property where the personal law of the deceased is Islamic law, applying the Mirath rules that prescribe fixed shares (faraid) for each category of eligible heir — including wives (one-eighth if children survive), daughters (one-half where there is no son, or jointly two-thirds where there are two or more daughters), and male children (double the share of female children). A Muslim testator may validly dispose of up to one-third of their net estate by will to non-heirs — the remaining two-thirds must be distributed to the Quranic and agnatic heirs in the prescribed proportions. Any disposition in excess of one-third by will to a non-heir requires the consent of all eligible heirs to be valid. For testators with property held under customary tenure — particularly family land (Yoruba idi-igi or Igbo obi compound land) — a written will may not extinguish existing customary rights of the family over the land. The Land Use Act 1978 has significantly reduced (though not entirely eliminated) the extent of customary land tenure in Nigeria by vesting all land in the states, but family property interests and the rights of the head of family (olori ebi) under Yoruba customary law continue to create succession complexities that testators and their advisers must address in detailed estate planning.
Nigeria does not currently impose a federal estate duty or inheritance tax on the death of a Nigerian taxpayer. The Estate Duty Act, which previously imposed estate duty, was repealed, and there is no direct replacement at the federal level. However, several tax and fiscal considerations affect testamentary trusts and estate administration in Nigeria. Personal Income Tax Act (PITA) Cap P8 LFN 2004 (as amended): Income received by the trustee from trust assets — such as rental income, dividends, interest, and business income — is taxable as income in the hands of the trustee at the applicable state personal income tax rate. Capital Gains Tax Act (CGTA) Cap C1 LFN 2004 (as amended): Gains realised on the disposal of trust assets (for example, the sale of investment property or shares) are subject to capital gains tax at 10%. However, assets passing from the estate to the trust or from the trust to beneficiaries on termination may be structured to minimise CGT liability, subject to professional advice. Stamp Duties Act (Cap S8 LFN 2004): Instruments transferring real estate from the estate to the trust — including assents or deeds of appointment — are subject to stamp duty, and transactions involving real property require the endorsement of the relevant state tax authority before registration. Probate Fees: The Lagos State Probate Registry charges probate fees on a sliding scale based on the gross value of the estate.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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