"God forbid that a lawyer knows all the law, but a good lawyer is one who knows where to find the law." - Lord Denning
Although making plans for the future might be intimidating, knowing the ins and outs of wills, trusts, and estate planning can help guarantee that your desires are honored and your loved ones are safeguarded. You can reduce the likelihood of disputes, simplify the distribution of your assets, and shield your beneficiaries from needless taxes and legal costs by meticulously planning your affairs. The fundamentals of estate planning, trusts, and wills will be covered in this guide, giving you the information you need to make wise choices.
UNDERSTANDING WILLS
Definition of a Will: A will is a legally enforceable document that specifies how your assets will be distributed after you pass away. It names guardians for any minor children, names beneficiaries to receive your assets, and selects an executor to carry out your intentions.
1. Types of Wills
I. Last Will and Testament: The most common type of will, this document outlines how your property and assets should be distributed after your death.
II. Living Will: A living will is not about distributing assets; rather, it is a document that details your medical preferences should you become incapacitated and unable to make decisions.
III. Joint Will: A single will created by two people, often spouses, that directs how the estate will be handled after both parties have passed.
IV. Holographic Will: A handwritten will that may not require witnesses, depending on the state, but can be more susceptible to legal challenges.
2. Key Components of a Will
I. Executor: The person you appoint to ensure the terms of your will are carried out.
II. Beneficiaries: The individuals or organizations that will inherit your assets.
III. Assets: The property, money, and belongings that will be distributed through the will.
IV. Guardianship Provisions: If you have minor children, your will can name a guardian to care for them if something happens to you.
Why You Need a Will
It is crucial to have a will since it guarantees that your assets will be allocated in accordance with your desires. In the absence of a will, the state's intestacy laws will decide who gets your property, which may not be what you intended. Also, a will enables you to:
- Appoint a trusted individual to oversee your estate.
- Name guardians for minor children.
- Minimize family disputes by clearly outlining your wishes.
Trusts
Definition of a Trust
A trust is a fiduciary relationship in which a grantor (the person creating the trust) transfers property or assets to a trustee, who manages those assets for the benefit of the trust’s beneficiaries. Trusts can be set up during your lifetime or established through your will after your death.
Types of Trusts
1. Revocable Trust: Also known as a living trust, this can be changed or revoked by the grantor during their lifetime. It allows the grantor to maintain control over the assets and avoid probate.
2. Irrevocable Trust: Once established, this trust cannot be changed or revoked. It offers protection from creditors and may reduce estate taxes.
3. Testamentary Trust: Created through a will and established after death, this trust helps manage assets for beneficiaries, such as minor children.
4. Special Needs Trust: A trust designed to provide for a beneficiary with special needs without disqualifying them from government benefits.
Benefits of Trusts
Asset Protection: Trusts can protect assets from creditors and lawsuits, ensuring they are preserved for your beneficiaries.
Avoiding Probate: Assets in a trust do not go through the probate process, which can be time-consuming and costly.
Tax Efficiency: Certain trusts can help reduce estate and gift taxes, preserving more of your wealth for your beneficiaries.
Control Over Asset Distribution: Trusts allow you to specify how and when assets are distributed to beneficiaries, such as staggered payments over time.
How to Set Up a Trust
Setting up a trust involves:
1. Choosing the Type of Trust: Decide whether a revocable, irrevocable, or another type of trust suits your needs.
2. Appointing a Trustee: Select a person or entity to manage the trust’s assets.
3. Funding the Trust: Transfer ownership of assets, such as real estate, stocks, or bank accounts, into the trust.
4. Drafting the Trust Document: Work with an attorney to create a legally binding document that outlines the terms of the trust.
Estate Planning Essentials
Estate planning involves more than just drafting a will or trust. It encompasses a comprehensive strategy to manage your assets, minimize taxes, and ensure your wishes are carried out.
Definition of Estate Planning
In order to minimize taxes and guarantee that your desires are honored, estate planning involves arranging and allocating your assets both during your lifetime and after your passing. It covers legal instruments such powers of attorney, trusts, wills, and healthcare directives.
Key Components of an Estate Plan
- Will: The foundation of most estate plans, detailing how assets will be distributed.
- Trust: Provides for more flexible and controlled asset distribution.
- Power of Attorney: Authorizes someone to manage your financial affairs if you become incapacitated.
- Healthcare Directive: Specifies your medical preferences if you're unable to communicate them.
Importance of Estate Planning
- Avoids Probate: By establishing trusts and designating beneficiaries, you can reduce or eliminate the need for probate, a lengthy and expensive legal process.
- Ensures Smooth Asset Transfer: A clear estate plan ensures that your assets go to the intended beneficiaries quickly and without conflict.
- Minimizes Taxes: Proper estate planning can reduce or eliminate estate and gift taxes, preserving more wealth for your beneficiaries.
How to Create an Estate Plan
1. Take Inventory of Assets: Identify all your property, investments, and valuable possessions.
2. Determine Your Goals: Decide how you want your assets distributed and who should manage them.
3. Draft the Necessary Documents: Work with an estate planning attorney to create a will, trust, power of attorney, and other key documents.
4. Review and Update Regularly: Life events like marriage, divorce, or the birth of a child may require changes to your estate plan.
Conclusion
Wills, trusts, and estate planning may seem complex, but understanding these concepts can provide peace of mind and protect your loved ones. By taking the time to plan for the future, you can ensure your wishes are respected, minimize legal and tax burdens, and preserve your legacy.
Nigeria's economic progress, urbanization, and population increase have made land ownership one of the most divisive topics in the nation. Land disputes can result from fraudulent deals, family inheritance, border disputes, and uncertain ownership. It is imperative that Nigerians comprehend their legal rights with regard to land ownership and the legal procedures that are available to address these problems.
UNDERSTANDING LAND OWNERSHIP IN NIGERIA
The "Land Use Act of 1978" governs land ownership in Nigeria, giving the governor of each state power over all land. A right of occupancy may be held by individuals or organizations for a maximum of 99 years, but only under strict guidelines established by the government. But customary law is also important, particularly in rural areas where traditional community leaders administer and distribute land according to generation-old traditions.
Conflicts occur when customary rights, statutory law, or ambiguous ownership documentation collide. The following are some typical reasons for land disputes in Nigeria:
Inheritance Issues: Family members may disagree over the rightful heirs to inherited land.
Land Sale by Multiple Parties: Some people deceitfully sell the same piece of property to several purchasers.
Boundary Disputes: Neighbors or communities often disagree over where land boundaries lie.
Government Acquisitions: There may be disputes over compensation or land distribution when the government forcibly acquires land for public uses.
LEGAL RIGHTS IN LAND OWNERSHIP
To protect your legal rights to land, it is important to have proper documentation. Key documents include:
Certificate of Occupancy (C of O): This document, issued by the state governor, provides legal recognition of your right to occupy and use the land for a specified period (usually 99 years).
Deed of Assignment: A legal document transferring ownership of a property from one party to another.
Survey Plan: A survey plan clearly marks the boundaries of the land, detailing its location and size.
Governor's Consent: When land is transferred, the governor’s consent is legally required under the Land Use Act to validate the transaction.
Court Judgment: In cases of disputed ownership, a court judgment can serve as a legal document affirming rightful ownership of the land.
Without these documents, land ownership claims may be difficult to enforce, and individuals are at greater risk of losing land to disputes or fraud.
THE PATH TO RESOLUTION
When a land dispute arises, there are several methods for resolving the issue:
1. Negotiation and Mediation:
Negotiation: Many land disputes can be resolved through direct negotiation between parties. Involving elders or community leaders in rural areas can also help mediate disputes.
Mediation: Professional mediators or community-based methods can help both parties reach a mutually acceptable agreement without resorting to court.
2. Arbitration:
Arbitration offers a faster, more flexible, and often less costly alternative to litigation. The parties agree to submit their dispute to an arbitrator who issues a binding decision.
3. Litigation:
Litigation is often the last resort when negotiation, mediation, or arbitration fails. Disputes over land can be taken to the courts for adjudication, where the case is decided based on the facts, applicable law, and available evidence.
Customary Courts: In cases where land ownership follows traditional inheritance laws, disputes may be resolved through customary courts, particularly in rural settings.
State High Courts: More complex or urban land disputes involving statutory law are usually heard in state high courts.
4. Alternative Dispute Resolution (ADR):
ADR methods are increasingly promoted in Nigeria to resolve land disputes efficiently without overburdening the court system. These include mediation, conciliation, and arbitration. ADR is often faster and more cost-effective.
PROTECTING YOURSELF FROM LAND DISPUTES
To avoid land disputes, individuals should take the following preventive steps:
Conduct Due Diligence: Before purchasing any land, conduct thorough checks to verify the ownership and ensure there are no existing disputes or encumbrances. Hire a legal expert to check land records and review the documentation.
Proper Documentation: Ensure all transactions related to land ownership are well-documented, including receipts, deeds, and government approvals.
Seek Legal Advice: Consulting with a lawyer before purchasing land can help clarify potential legal issues and provide guidance on how to protect your rights.
CONCLUSION
Understanding your legal rights and the appropriate avenues for resolution will help you save time, money, and worry in Nigerian land disputes, which can be complicated and emotionally taxing. You have options for defending your land rights and settling disputes amicably, including mediation, arbitration, lawsuit, and negotiation. Through proactive measures and legal advice, Nigerians may protect their land investments and support the long-term growth of their nation.
In a democracy, civil protest is an essential means by which citizens can express their grievances, hold their leaders responsible, and demand changes to policies. It also allows citizens to exercise their rights to free speech and peaceful assembly, both of which are critical to the survival and well-being of democratic systems.
LEGAL PERSPECTIVE
One of the most potent instruments for lobbying and public speech in any democracy is the freedom to engage in civil protests. People use this right to demand accountability from their leaders, influence public policy, and draw attention to social injustices.
WHY IS IT CRUCIAL FOR A DEMOCRACY TO HAVE PROTESTS?
Nigerians rely on protests to express their grievances, hold authorities responsible, and demand the improvements that they deem essential. Protesting in public is a potent means of enforcing change in a democratic society like Nigeria, where issues like economic injustice, police brutality, and corruption arecommon. The 1999 Constitution of Nigeria protects the right to demonstrate. While the right to peacefulassembly is granted under Section 40, Section 39 ensures the freedom of expression. Nigerian authorities sometimes try to put down protests in spite of these legal safeguards, which leads to a continuous conflict between the rights of the people and the authority of the state.
LEGAL RIGHTS
In a democracy, the ability to protest is guaranteed and is a vital way for people to voicetheir concerns, demands, and opinions. The Constitution and several international conventions that Nigeria has ratified provide the freedom to protest in that country.
• Free speech is one of the fundamental rights to protest.
• Freedom of Association and Assembly.
• The Right to Wander
LIMITATION ON PROTEST
Although Nigeria's Constitution guarantees the right to protest, there are a number of restrictions that limit the freedom to do so. These limitations result from practical, political,and legal issues that frequently reduce the impact of nonviolent protests. Listed here are a few significant restrictions:
• Restrictions on the Law.
• Crackdowns by the Police and Security.
• Intimidation and harassment.
• Media censorship and internet shutdowns (with Twitter shutting down in 2021).
• Restrictions by the Judiciary
HISTORICAL EXAMPLES
Civil protests have played a crucial role in enacting important changes throughout history.
Ali Must Go
The 1978 student’s crisis, also referred to as the Ali Must Go Protests, were protests held by Nigerian students in response to an increase in fees. Considered one of the most violent student protests in Nigerian history, it caused a major political crisis during the military administration of Mohammed/Obasanjo, which lasted from 1975 to 1979.
Ahmadu Ali, the former minister of education, was thought to be at the heart of the uprising, but he attempted to deflect blame onto the Supreme Military Council, arguing that the increase was implemented by them rather than his ministry. This led to the protest slogan "Ali Must Go."
• Date: 17 April 1978
• Location: Nigeria
• Caused by: Increase in fees
• Goals: Reversal of fee increment, Democratization, Genuine independence, Enhancement of the quality of life of the masses
Fig: Image of ALI MUST GO Protest Of 1978
• Methods: Lecture boycotts, Public demonstration
• Lead figures
I. Federal Military Council Nigerian University Commission Nigerian Army.
II. Nigerian Police Segun Okeowo, Ahmadu A
• Casualties
I. Death(s) AkintundeOjo, 8 unnamed students in Zaria
II. Injuries >20 students
End SARS
#EndSARS was a decentralized social movement and a series of large-scale protests against police brutality in Nigeria, primarily occurring in 2020. The movement aimed to disband the Special Anti- Robbery Squad (SARS), a notorious police unit with a long history of abusing citizens. It began with a Twitter campaign in 2017 using the hashtag #EndSARS to call for the unit's dissolution by
the government. In October 2020, the movement gained renewed momentum after new reports of the unit's abuses surfaced, leading to widespread demonstrations in major Nigerian cities and significant outrage on social media. The hashtag generated over 28 million tweets on Twitter alone, and solidarity protests took place in various major cities globally, organized by Nigerians in the diaspora and supporters. The movement was largely driven by young Nigerians and evolved to include broader demands for good governance and accountability amid growing hardships in
thecountry.
• Date: 2020
• Location: International, largely in Nigeria
• Caused by: Killings, assaults, and harassment by SARS officials in Nigeria; lack of freedom of expression
• Methods: Mass mobilization Protest, demonstrations, online activism, civil disobedience, marches
• Status: Concluded
I. SARS unit dissolved on 11 October 2020
II. Protesting on 20 October 2020 led to several deaths.
• Parties
Protesters
(no centralised leadership) Government of Nigeria
Nigerian Armed Forces
Nigerian Army
Nigerian Police
SARS
Pro-government citizens
• Casualties
I. Death(s) 51 civilians, 11 policemen, 7 soldiers.
END BAD GOVERNANCE PROTEST
The End Bad Governance protests, widely known by the hashtags #EndBadGovernance or #EndBadGovernanceInNigeria, were a series of decentralized mass protests in Nigeria that mainly occurred from 1 August to 10 August 2024, triggered by the rising cost of living in the country.
• Date: 1 August – 10 August 2024 (10 days)
• Location: Nigeria
• Caused by: Economic hardship and Bad Governance[2]
• Goals: Reverse economic reforms of the Bola Tinubu administration
• Methods: Mass mobilization street protests
• Status: Ended
• Parties
Decentralized protesters (organized by various activist groups)
Government of Nigeria
Nigerian Army
Nigeria Police Force
State Security Service
• Casualties
I. Death(s) 22+ protesters
II. Injuries 4 protesters
III. Arrested 1 journalist and 1000+ protesters
On August 1, 2024, when Nigerian security personnel intervened to quell a previously peaceful demonstration, the protests turned more violent.