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Frequently Asked questions
What will happen to my estate if I don’t have a Will?
If you don't have a Will when the unexpected happen, the law will decide how your estate is distributed. This is known as dying "intestate". Dying without a Will means you have no control over who inherits from you. Someone could receive a part or the whole of your estate who you would not wish to benefit. Your loved ones may also find it more time consuming and costly to secure Letters of Administration in other to manage your estate. A Will is the only way of making your wishes known when you die.
Is there an age limit for making a Will?
Yes. The Wills Act 1837 and Wills Law of various States In Nigeria state that you must be over 18. There is one main exception to this rule and that is for members of the Armed Forces who are on active duty. They are able to make a special Will if they are below 18. There is no upper age limit for making a Will
Who cannot make a Will?
Minors cannot make a Will; these are persons under the age of 18. To make a Will you must be over the minimum age limit and have "testamentary capacity" – often referred to as "of sound mind". Simply put, this means you understand that you are making a Will and the effect that this may have on those who are dependent on you. It also means you must understand the extent of your assets and what you are leaving behind.
I am a Muslim; can I make an English Will?
Recent judicial decisions of the Supreme Court of Nigeria suggest that a Muslim who makes an English Will may have his Will challenged if it does not comply with the requirements of an Islamic Will.
I have properties overseas, can I still make a Will in Nigeria?
Generally, if you own land, property or any other asset in a foreign country, you should have a Will prepared under the local law of that country. This is because of the complexities of foreign probate law: if you do not have a Will in that country, it may take a lot of time and money to sort out. This is why we do not include foreign assets in the Wills we write, unless we are absolutely certain that the legality and authority of the Will is going to be recognized. You may contact our legal team at firstname.lastname@example.org to discuss writing an international Will.
Can I make changes to my Will before I sign it and have it witnessed?
Yes you can; please contact us at carrot.ng to inform us of the proposed changes you want to make or simply call us on 08161366540. Log into your profile and make your changes. Schedule an execution by returning the copy we have already sent you. We will then make the appropriate changes and send you another copy for approval and signing.
What are the Legal Requirements for Making a Will?
- You must be ‘of sound mind’ when you make your Will.
- You must sign your Will or, if you are unable to sign, you may direct someone else to sign the Will in your presence. This is called "executing" the Will.
- You must execute your Will in the presence of two adult witnesses who must also sign the Will. A person who you have named as a beneficiary in your Will should not be a witness to your execution of the Will.
Can I ask members of my family to be witnesses to the Will?
We strongly advise against this as it can provide grounds for a claim against your estate later or raise questions panel-info about the validity of your Will. All of our Wills include clear signing instructions which outline who can or can't witness the signing of a Will. If you have any doubts about who can be a witness, please call us.
What happens if my beneficiaries die before me or they don’t want a gift?
This is a sad event which unfortunately happens more often than people think. You may not always need to rewrite your Will, as it includes wording which takes the death of a beneficiary into account and names someone else to take their place. You can select alternate beneficiaries when you are selecting your beneficiaries.
Should I try to think of every possible situation and try and cater for it in my Will?
No. Making a Will isn't a once in a lifetime event, so you don't have to squeeze everything into it! A Will should reflect your circumstances as they are now, not what they might be in the future. We recommend that you should review your Will every 2 years or so, to make sure it is still appropriate for your circumstances. As a rough guide, here are a few examples of additional situations where you may need to update your Will:
- Change in family relationships: if you have married, divorced, separated, etc
- Family Growth: if you have become a parent, grandparent, see your family grow, or children have entered your life through a new relationship.
- Bereavement: if one of your main beneficiaries or someone named in your Will dies.
- Significant Change in your Assets: sometimes it is necessary to review your Will if your assets change or increase significantly.
- No Longer Accurately Reflects your Wishes: The main objective of a Will is to represent and communicate your wishes after you have died. If your Will no longer does this then you should update it
Do I have to name my children or spouse as beneficiaries in my Will?
You may be required to name your children or spouse as a beneficiary in your Will if you are bound by the Law of your State to provide for them. For example, under the Wills Law of Lagos State, a testator is required to make ‘reasonable financial provision’ for his spouse[s] and Child[ren]. If you are not sure about the Law which applies to your estate, you may reach us at email@example.com or call 08161366540.
Do I need to have a minimum amount of assets to make a Will?
No. you can give whatever you own to your loved ones no matter how little.
What is a Living Trust? And how does it differ from a Will?
A living trust is a legal document that states who you want to manage and distribute your property if you're unable to do so, and who receives it when you pass away. Once signed, you transfer ownership of your assets into the trust and you remain in complete control of your property. The living trust property can be managed and distributed without going through the probate court.
Who is a Guardian?
A person who has been appointed by you to take care of your child. A guardian may also be appointed to take care of an incompetent adult.
Where can I store my Will?
We advise that you store your Will in a secure place. You may store a copy of your Will in a safe deposit box or with a trusted executor. Given the importance of your Will, it should be kept in a fire-proof location. We are pleased to offer a free storage facility, which enables you to access your Will at reasonably short notice.
When should I modify my current Will?
If the changes are fairly minor, you may simply update your records on Carrot.ng however, it is possible to sign a supplementary document called a Codicil where there are substantial changes to your current state of affairs.
Is my Will revoked when I get married or divorced?
Marriage will cancel your Will unless it was prepared in expectation of the event. Getting divorced will not cancel your Will, but any gift to your divorced spouse will lapse unless a contrary intention appears in the Will
How safe is my data?
- We protect your data All data is written to multiple disks instantly, backed up daily, and stored in multiple locations. We restrict access to sensitive data to only those employees that need it to perform their roles.
- Your data is sent and stored encrypted Whenever your data is in transit between you and us, everything is encrypted and sent using HTTPS. All database data and will PDF documents are stored in an encrypted format.
- We protect your billing information All credit card transactions are processed using secure encryption — the same level of encryption used by leading banks.
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