THE PREVENTION OF POSTHUMOUS FAMILY DISPUTES IN NIGERIA
EXECUTIVE SUMMARY
Death is inevitable, but the legal and financial uncertainty that follows it is not. In Nigeria, the death of a person who leaves behind substantial assets, a spouse, children, parents, business interests or competing family claims can trigger disputes over property, guardianship, access to assets, administration of an estate and the identification of lawful beneficiaries. These disputes can become particularly complicated where the deceased is a celebrity or public figure. The controversies surrounding the late singer Mohbad and the publicly discussed circumstances associated with Toluwanisings provide an opportunity to examine whether a properly prepared Will could have reduced uncertainty, family disagreements and succession complications.
A valid Will can identify beneficiaries, appoint executors, provide directions for distributing property, establish arrangements for minor children within the limits of the law, and reduce uncertainty about the deceased’s intentions. It cannot, however, resolve every dispute, extinguish protected legal rights, validate an unlawful disposition or prevent all challenges to its validity.
1. INTRODUCTION
A person’s death should ordinarily mark the beginning of mourning, remembrance and the preservation of their legacy. Yet, in many Nigerian families, death also marks the beginning of disputes over property, money, children, burial arrangements and the authority to make decisions on behalf of the deceased.
These disputes are not confined to wealthy families. They occur among ordinary Nigerians who leave behind houses, land, savings, businesses, pension benefits, personal belongings or modest financial resources. Where the deceased is a celebrity, entrepreneur, politician or other public figure, the consequences can be amplified by public attention, competing narratives and the commercial value of the deceased’s name and intellectual property.
The question is not whether every disagreement following a death can be prevented by a Will. Rather, it is whether many disagreements could be avoided, narrowed or resolved more efficiently if individuals took the necessary legal steps while alive.
A Will enables a person to communicate legally recognised instructions concerning the distribution of their estate after death. Where properly prepared and executed, it can identify beneficiaries, appoint executors and provide a framework for protecting the interests of dependants.
2. THE CASES OF MOHBAD AND TOLUWANISINGS AND THEIR INTRINSIC LESSONS
2.1 The case of Mohbad
The death of Nigerian singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, on 12 September 2023 generated widespread public concern. In the aftermath, questions surrounding his family, surviving child, estate and the administration of his assets became subjects of public discourse.
In January 2024, Mohbad’s management publicly disputed claims by his father that the singer had left a Will. The management stated that neither it nor the singer’s lawyer had communicated the existence of such a document. This establishes that competing assertions were made; it should not be presented as a conclusive judicial determination that a valid Will did or did not exist.
Subsequent developments illustrated the practical difficulties that can arise when an estate must be administered without a settled and publicly established testamentary arrangement. Reports in November 2025 stated that Mohbad’s widow had taken steps relating to the proposed administration of his estate, including filing a caveat concerning a proposed grant of Letters of Administration.
A properly prepared Will could have reduced uncertainty about intended beneficiaries, the appointment of executors, arrangements for a minor child, the administration of royalties and intellectual property, and the deceased’s intentions. It would not, by itself, have determined the cause of death, resolved every question concerning paternity, established criminal responsibility or automatically prevented disputes about burial arrangements.
2.2 The case of Toluwanisings
The reported circumstances surrounding the death of Nigerian gospel singer Toluwanisings, who reportedly died on 14 October 2026, provide another relevant example. A report published on 26 October 2026 described a disagreement between the singer’s father and his widow over the proposed location of his burial. According to the report, the father expressed a preference for burial at a house his son had built or beside his late mother in Osun State, while he attributed a different preference to the widow. The widow’s account was not included in that report, and the final burial location had not been publicly confirmed at the time.
These circumstances should be approached circumspectively. The parties are bereaved, and a reported disagreement should not be treated as proof that either person acted improperly.
A person can communicate burial preferences to a spouse and family while alive. Such wishes may be documented in an appropriate estate-planning or funeral-instruction document. A Will may record relevant wishes, but it is not necessarily the best or only instrument for time-sensitive funeral arrangements, particularly because a Will may not be discovered or read before burial decisions must be made.
A written statement of burial preferences, discussed with the people likely to be involved, could provide a reference point. However, a direction to bury someone at a particular property does not, by itself, transfer ownership of that property or confer a right to use land contrary to applicable law.
2.3 Intrinsic Lessons
Mohbad’s case highlights the importance of a clear testamentary arrangement for administering assets, identifying beneficiaries and managing commercial interests. The Toluwanisings controversy highlights the value of communicating personal wishes and addressing foreseeable disagreements among relatives before death.
Taken together, the cases demonstrate why estate planning should be understood as a comprehensive process rather than the mere preparation of a document. A Will cannot guarantee family harmony, but it can reduce uncertainty about matters the deceased had the legal authority to determine.
3. UNDERSTANDING A WILL AND ITS LEGAL SIGNIFICANCE
A Will is a testamentary instrument through which a person, known as the testator, expresses how their estate should be dealt with after death. It may appoint executors and, where legally appropriate, provide for the appointment of guardians for minor children. Its purpose is to give effect to the testator’s intentions within the limits of applicable law.
3.1 Identifying beneficiaries
A testator can specify which persons should receive particular assets or proportions of the estate. Beneficiaries may include a spouse, children, parents, siblings, relatives, charitable organisations or other legally eligible persons, subject to applicable restrictions.
3.2 Appointing executors
An executor is appointed under a Will to administer the estate in accordance with the Will and the law. Responsibilities may include applying for probate, identifying and safeguarding assets, paying lawful debts and expenses, and distributing the estate.
3.3 Protecting minor children and vulnerable beneficiaries
A Will can provide for the management of a minor child’s inheritance through trustees or other appropriate arrangements, and may nominate a guardian subject to the applicable law and the court’s powers.
3.4 Supporting business continuity
A Will can form part of a succession plan dealing with shares and transferable business interests. It should be coordinated with company articles, shareholders’ agreements, financing arrangements and other contracts.
3.5 Reducing avoidable litigation
A clear Will can narrow disputes by documenting intentions. It does not prevent challenges based on incapacity, fraud, forgery, undue influence or failure to comply with execution requirements.
3.6 Preserving a legacy
For public figures, a Will may help determine how intellectual property, royalties, archives, business interests and other valuable rights are managed after death.
A Will gives legal structure to a person’s wishes, while professional estate planning helps make those wishes practical and administratively workable.
4. THE LEGAL FRAMEWORK GOVERNING WILLS AND SUCCESSION IN NIGERIA
Nigeria’s legal framework for Wills and succession is pluralistic. The rules applicable to an estate may depend on the state concerned, the nature and location of the property, the form of marriage, the deceased’s personal law and the circumstances of the disposition. It is unsafe to assume that every Nigerian estate is governed by identical succession rules.
4.1 The Wills Act and applicable State Wills legislation
The Wills Act 1837 forms part of the historical legal framework relevant to testamentary dispositions in Nigeria, subject to applicable reception laws and state legislation. Various states have enacted their own Wills laws, which must be consulted when preparing or interpreting a Will.
The governing legislation may address formal execution, testamentary capacity, executors, revocation and alteration, gifts to witnesses, and restrictions affecting particular property. Under the commonly applicable statutory model, a Will is in writing and is signed or acknowledged by the testator in the presence of two witnesses present at the same time, who attest in the testator’s presence. Exact requirements must be verified under the law governing the particular estate.
An informal note, WhatsApp message, video recording or unsigned document should not be assumed to constitute a valid statutory Will. Depositing a document with a lawyer or Probate Registry does not necessarily cure defects in execution or establish substantive validity.
4.2 Administration of Estates laws
Where a person dies without a valid Will, the estate is generally described as intestate, although partial intestacy can arise where a Will fails to dispose of the entire estate. The applicable Administration of Estates law or other governing succession rules determine how the estate is administered and, where relevant, distributed.
The relevant statute may contain exclusions or special provisions for estates governed by Islamic law or property whose succession cannot be altered by testamentary disposition under customary law. The precise legislation must be checked for the jurisdiction and circumstances concerned.
4.3 Probate and Letters of Administration
Probate is the legal authority granted in connection with a valid Will, ordinarily to the executors appointed under it, enabling them to administer the estate. Letters of Administration authorise administration where the deceased died without a Will or where the applicable procedure requires administration with the Will annexed. A Will may simplify the identification of executors and intended beneficiaries, but executors must still comply with the applicable probate procedure. A Will does not automatically confer unrestricted authority to take possession of every asset immediately upon death.
4.4 The Constitution and Judicial Decisions
Section 42 of the Constitution of the Federal Republic of Nigeria 1999, as altered, protects against specified forms of discrimination, including discrimination on grounds of sex and circumstances of birth. In Ukeje v Ukeje (2014) 11 NWLR (Pt. 1418) 384, the Supreme Court held that a customary law rule excluding a female child from inheriting her deceased father’s estate was unconstitutional.
In Obusez v Obusez (2007) 10 NWLR (Pt. 1043) 430, the Supreme Court considered the relationship between statutory marriage, customary law and succession under the applicable estate legislation. These authorities illustrate why constitutional rights, the legal character of a marriage and applicable succession rules must be considered.
5. FACTORS MILITATING AGAINST WILL MAKING
5.1 Cultural and psychological resistance
Some people consider discussion of death uncomfortable or believe preparing a Will invites misfortune. This encourages delay until old age or serious illness, even though death can occur unexpectedly.
5.2 The misconception that Wills are only for the wealthy
A person with a house, land, savings, a vehicle or a small business may have good reasons to prepare a Will. A modest property can become the subject of prolonged dispute.
5.3 Religious and cultural misconceptions
Some people assume religious or customary rules automatically settle every issue. Legal practitioners should explain how estate planning can be undertaken consistently with the applicable legal and religious framework.
5.4 Cost and access to legal services
The perceived cost of legal services may lead people to rely on informal notes or downloaded templates that do not comply with the applicable law or adequately reflect their circumstances.
5.5 Distrust within families
Fear of pressure or undue influence can discourage planning. Independent advice, proper witnessing and secure custody can protect the testator’s autonomy.
5.6 Informal ownership of property
Informal land transactions, assets held in another person’s name and incomplete company records can complicate estate administration. A Will cannot cure defective ownership or transfer property the testator does not own.
6. THE CONSEQUENCES OF DYING WITHOUT A WILL
Dying intestate does not mean that the deceased’s property is bereft of ownership or that relatives may annex part or all of the property without recourse to the law. The estate remains subject to applicable succession and administration rules. Nevertheless, intestacy can introduce practical complications.
| Issue | Potential consequence |
| Identification of beneficiaries | Uncertainty or disagreement over persons entitled to inherit. |
| Appointment of administrators | Disputes over who should apply for Letters of
Administration. |
| Management of assets | Delays in dealing with property, accounts and investments. |
| Minor children | No clear testamentary arrangement for managing inherited assets. |
| Family businesses | Uncertainty over ownership, control and continuity. |
| Intellectual property | Difficulty identifying who should manage royalties and other rights. |
| Burial preferences | Disagreements where wishes were not communicated. |
| Legal costs | Additional expenses arising from contested administration. |
| Family relationships | Prolonged conflict, mistrust and reputational damage. |
These consequences are not inevitable in every intestate estate. Many families administer estates without serious conflict. The point is that the absence of a Will can create avoidable uncertainty, particularly where the estate is substantial or family circumstances are complicated.
7. PRACTICAL RECOMMENDATIONS FOR INDIVIDUALS AND FAMILIES
1. Prepare a valid Will: Consult a qualified legal practitioner familiar with the applicable succession law. Identify beneficiaries, appoint suitable executors and ensure proper execution.
2. Prepare an inventory of assets and liabilities: Record relevant properties, accounts, investments, shares, business interests, intellectual property, debts and contractual obligations. Distinguish personal assets from company property.
3. Review family circumstances: Ensure that the Will reflects the testator’s circumstances, including spouses, children, dependants and intended beneficiaries. Obtain advice where there are multiple marriages or complex relationships.
4. Protect vulnerable beneficiaries: Consider suitable trusts or other lawful arrangements for minor children and beneficiaries who may need help managing inherited property.
5. Document ownership and business arrangements: Ensure that property records, company documents, share registers and contracts accurately reflect ownership and intended arrangements.
6. Store the Will securely: Ensure that the original document can be located by the appropriate person after death without compromising confidentiality during the testator’s lifetime.
7. Review the Will periodically: Reconsider the document after marriage, divorce, birth or adoption of a child, acquisition or disposal of substantial assets, significant business changes or changes in applicable law.
8. CONCLUSION
The controversies surrounding Mohbad and Toluwanisings should prompt Nigerians to reconsider how they prepare for death and protect the people and interests they leave behind. A valid Will cannot prevent every disagreement. It cannot replace sound family relationships, settle every question of ownership or override the law. It can, however, provide a reliable starting point for determining the deceased’s intentions, identifying executors and beneficiaries, protecting vulnerable dependants and administering an estate in an orderly manner. A Will may not eliminate grief, but it can help prevent grief from being compounded by avoidable legal uncertainty
Authors:
Bekolari Uthman Rufai
Principal Partner
Email:Pointoflaw01@gmail.com
Olalekan Bosede
Managing Partner
Email:Pointoflaw01@gmail.com
Farouq Lawal
Associate
Email:Pointoflaw01@gmail.com
