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REVOLUTIONISING THE WILLS LAW TO ENABLE ELECTRONIC WILLS IN NIGERIA

REVOLUTIONISING THE WILLS LAW TO ENABLE ELECTRONIC WILLS IN NIGERIA

The rigid requirements of the Wills Act of 1837 for creating wills pose significant challenges in the digital age, particularly in Nigeria, as it does not accommodate electronic writing, signing, and witnessing. The COVID-19 pandemic highlighted the need for flexibility in will execution, as traditional formalities hinder access to will-making in emergency situations. While advancements in technology have addressed most challenges posed by the Wills Act, the wills law in Nigeria is yet to revolutionise to accommodate electronic wills. This article aims to explore the formal requirements of traditional statutory wills and their applicability to electronic wills, with a view to recommending reforms to the Wills Act. Using the doctrinal research method, this article examines the Wills Act and international trends, particularly in the United States of America, where electronic will statutes have been adopted, to make a case for the enactment of electronic will legislation in Nigeria. The article argues that while the extant Wills Act is impliedly applicable to electronic wills when read with other laws admitting electronic writing, signing, and notarization, reforming the Wills Act to explicitly accommodate electronic wills will increase access to will-making, reduce intestacy, and provide a more efficient and inclusive framework for estate planning in Nigeria. Contributing to the ongoing debate on reforming Nigeria’s wills law to meet the needs of a rapidly changing society, the article concludes by recommending certain legislative reforms to the Wills Act to reflect modernity.

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