Nigerian inheritance laws

Decoding Inheritance Laws: A Comprehensive Guide for Nigerians

Understanding Nigerian inheritance laws plays a crucial role in estate planning, ensuring assets are distributed according to the deceased’s wishes. However, navigating these laws can be complex due to their intricacies and nuances. To help you understand these laws better, we’ve compiled a comprehensive guide that covers key provisions, legal nuances, and essential considerations for effective estate planning in Nigeria.

Creating a will in Nigeria requires a clear understanding of local laws and customs. These laws dictate how assets are distributed upon death, the rights of beneficiaries, and the responsibilities of executors. Therefore, familiarizing yourself with Nigerian inheritance laws is crucial to ensure your assets are distributed as intended and your loved ones are provided for.

One critical aspect of Nigerian inheritance laws is intestate succession. If a person dies without a valid will, their estate is distributed according to laws of intestacy, which may not align with their wishes. Thus, creating a will that clearly outlines asset distribution is essential.

Nigerian inheritance laws also address issues like will validity, spousal and child rights, and executor and administrator roles. Understanding these laws helps ensure your will is legally valid, and your wishes are carried out effectively.

When creating a will in Nigeria, seeking guidance from a qualified legal professional familiar with local laws is essential. They can help you understand relevant laws, draft a legally valid will, and ensure your wishes are executed effectively. With proper legal guidance, you can create an estate plan that protects your assets and provides for your loved ones.

In conclusion, understanding Nigerian inheritance laws is crucial for effective estate planning. By familiarizing yourself with these laws and seeking legal guidance, you can create a will that reflects your wishes and ensures your loved ones are adequately provide

Investing in Renovating and Selling homes

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Balogun is  a banker approaching his 55th birthday. After a 30 year career as a banker, and seeing several people make their fortunes in real estate, he has decided to become a real estate investor.

His plan is to invest in underpriced property, with the objective of renovating the buildings and selling the individual units at a higher value than the amount at which he purchased the property.  Balogun is interested in understanding the risks and opportunities of this business and he comes to us for advice.

Some things to note:

  • Using this strategy, you purchase a building that needs fixing up for N2,750,000 and then you invest N500,000 in improvements (paint, landscaping, appliances, decorator items, and so on) and you also invest the amount of sweat equity that suits your skills and wallet. You now have one of the nicer homes in the neighborhood, and 2 years later you can sell this home for a net price of N4,000,000 after your transaction costs.

 

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  • Be sure to buy a home in need of that special TLC in a great neighborhood. With most properties, the long-term appreciation is what drives your returns. Consider keeping homes you buy and improve as long-term investment properties.
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  • This strategy is clearly not for everyone interested in making money from real estate investments. It is not advisable if you’re unwilling or reluctant to live through redecorating, minor remodeling, or major construction;

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  • You may not be experienced or comfortable enough with identifying undervalued property and improving it; so always make sure you get a professional opinion on each property .

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  • You should either have the budget to hire a professional contractor to do the work, or you should have the free time or the home improvement skills needed to enhance the value of a home.
  • You also need a financial cushion to withstand a significant downturn in your local real estate market, as this investment can be very cost intensive.
  • Mange your risks as much as possible!!! Make sure you do deep due diligence on the property in order to ensure that you have good title to transfer to a third party, especially since it may not make financial sense to perfect your title if you are not going to hold the property for a long period.

 

 

Investing in Lagos Real Estate Companies: The Pros and Cons

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Okeke trades in furniture and fittings at a major market in Onitsha. In addition to his business, he owns a substantial number of houses within Onitsha and environs.  One day whilst attending an exhibition in Lagos, he was approached by a young marketer for a real estate company; the marketer had been tasked to sell some real estate located around the Lekki Free Zone and Okeke looked like the perfect buyer.

The marketer launched into a seductive pitch about the prospects of the area and the opportunity for amassing immense profits, especially due to the development of a refinery in the area by a major investor and industrialist. As a businessman with an eye for profit, Okeke was intrigued by the opportunity to multiply his capital, but he requested for time to seek advice from his lawyers before investing the substantial amount required, especially having heard horrible stories of the dreadful omonile and their penchant for violence in land matters.

There has been a boom in investment in vacant real estate over the past decade; however this boom seems to be driven by certain misconceptions which have been fed by advertising campaigns and the mass media. This misconception is that land values appreciate at a rate which exceeds rates of return on alternative investments such as treasury bills, stock or other asset classes. These misconceptions have led to the growth of a speculative bubble which seems to have driven the costs of real estate beyond reasonable levels.

In general, by investing in developing the land you may destroy an option and at the same time you may create other options. Vacant land represents an option of retaining it in its vacant form and expecting an increase in value of the land, or turning the vacant land into a development, thereby increasing its intrinsic potential for value creation through the injection of capital. The computation of the value of land requires the calculation of current and future construction costs, as well as current and future market prices of real estate in the area where the land is located.

Prior to purchasing land, it is pertinent to have an idea of the use to which the land is to be put, including the proposed structures which are to be constructed upon the land and the market prices or rental values such structures would fetch in the future based on the surrounding properties in the area. In calculating the values of the property, provision should be made for the probability that the property may fall in value in the future.

It would be wise for Okeke to first conduct a search on  the title of the sellers, especially since a number of real estate marketing companies do not perfect their title before commencing the sale of the properties, a situation worsened . This will protect him from any nasty surprise which may arise from defects in the title of the seller. These companies sometimes acquire their holdings by sponsoring the perimeter survey or excision (popularly known as gazette) of property belonging to a community. This implies that several of these properties have defective title from the beginning and should not be purchased if possible.

After ascertaining that the sellers hold good title to the property, Okeke should ask for all the charges and costs arising from the purchase of the property. This is because a number of real estate companies add certain fees and levies to the cost of the estate, ostensibly for the development of the estate, although several fail to use the funds for any such purposes. Their  refusal to develop the estate often slows the  pace of development within the estate, as well as the rate of appreciation for properties within the estate

 

We hope these tips will prove useful to you as you begin to navigate the world of real estate investment. For further information and consultancy, we may be contacted directly on +2348036258312, or by email on : info@miltoncrosslexng.com.

More Real Estate Investment Strategies that will Make you Rich 2

Flipping Real Estate

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Outside Nigeria, flipping houses is one of the more popular tactics for making money in real estate, due largely to the numerous shows on cable TV that promote it.  House flipping is the practice of buying a piece of real estate at a discounted price, improving it in some way, and then selling it for a financial gain. In reality, the flipping model is quite similar to the “buy low, sell high” model of most retail businesses.

The most popular type of property to flip is the single family home. Following a rule of thumb known as the 70% rule, an experienced house flipper will buy a home for 70% of its current value less any rehab costs. For example: Home A should be worth N1,000,000 if it were in good condition, but it needs N200,000 worth of work. A typical house flipper will purchase the home for N500,000 (N1,000,000 x 70% – N200,000) and seek to sell it for the full N1,000,000 when completed. This is simply a rule of thumb, and actual numbers must be verified by a qualified construction expert and adjusted to ensure a successful and profitable flip.

Flipping is not a “passive” activity, but instead is just like an active day job. When an investor stops flipping, they stop making money until they begin flipping again. Many investors choose to use flipping to fund their day-to-day bills, as well as provide financial support for other, more passive investments.

More Real Estate Strategies that will make you Rich

Continued from Yesterday’s post….

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Now that we know the various types of real estate investments an investor can undertake, it is time to look at the different strategies an investor can use to unlock value from his real estate investment. While you can use any of the investment vehicles discussed yesterday in your career, you must next learn an investment strategy that you can apply to that niche. As an investor you will use a variety of strategies when dealing with these investment niches to produce wealth.

This article series explores three of the most common strategies that you can use to make money in real estate.

Buy and Hold

Perhaps the most common form of investing, the “buy and hold strategy” involves purchasing a property and renting it out for an extended period of time. It is probably the most simple and purest form of real estate investing that there is. Essentially, a “buy and hold investor” seeks to create wealth by renting the property out and either collecting monthly cash flow or simply holding the property until it can be sold for a gain in the future. the advantage is that the investor may receive cash flow from renting out the property.

By far the most common mistake that we see new investors make with this strategy is buying bad deals because they simply don’t understand property evaluation. Other common problems include underestimating expenses,making bad decisions on tenant selection, and failing to manage properly.

These mistakes can all be avoided, however, if you simply learn the business; jumping in without proper education can be extremely costly financially and sometimes, legally.To properly carry out the buy and hold strategy, an investor should learn how to properly identify the ebbs and flows of the market that a property is located in. Ultimately, when they perceive the market and the properties they are interested in to be at a low point (prices low, inventory high), the buy and hold investor seeks to purchase properties. When the market becomes over-heated, an experienced buy and hold investor will usually stop buying until they see things settle back down. During these slow periods, they may sell or simply continue to hold their properties.

Real Estate Cycle

Real Estate Investment Strategies that will make you Rich

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It is generally accepted that real estate is a key element of wealth creation. As a factor of production, real estate generates passive income for its owner in the way of rents, royalties (for property that contains mineral resources) and capital gains from sales of the property to another purchaser at a higher price.

In a way, learning how to invest in real estate is like selecting a piece of chocolate from a box of chocolates. There are dozens (if not hundreds) of different ways to make money as a real estate investor, and it’s up to you to choose the niche you want to get into.Learning how to successfully invest in real estate is about choosing one niche and becoming a master of it.

This article is going to open up that box of chocolates for you to sample and let you see some of the most common niches you can get into when investing in real estate. Here are some strategies you can apply to build a real estate portfolio that will make you rich within a reasonable amount of time.

  1. Choose the type of real estate you prefer and understand the risks

The following list includes the most common property types that you are likely to deal with as a real estate investor.

  • Raw Land: Raw land is nothing more than basic earth. Land on its own can be improved to add value, and it can be leased or rented to create cash flow. Land can also be subdivided and sold for profit. Some investors choose to buy raw land with hopes (or plans) that someday the land will become much more valuable due to external developments like the construction of an expressway or from a development being built nearby.

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  • Detached/Semi Detached/Terrace  Houses: These buildings usually house single or multiple families (usually less than 5 in Nigeria). These homes are relatively easy to rent, easy to sell, and easy to finance. That said, in many areas, the rents derived from these homes  won’t be sufficient to provide positive cash flow to offset the cost of construction. In such situations, it is better to invest in multiple family homes which provide much better cash flow as economies of scale may arise.

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  • Small Apartments: These properties often provide significant cash flow for the investor who can deal with the more management-intense nature of the properties. However they are significantly harder to finance and manage than the single family units. The value of these properties are based on the income they bring in. This creates a huge opportunity for adding value by increasing rent, decreasing expenses, and managing effectively. These properties are a great place to utilize property managers who manage and perform maintenance in exchange for a management fee.

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  • Commercial Property: Commercial investments can vary dramatically in size, style, and purpose, but ultimately involve a property that is leased to a business. Some commercial investors rent buildings to small local businesses, while others rent large spaces to supermarkets or big box megastores. While commercial properties often provide good cash flow and consistent payments, they also may carry with them much longer holding periods during times of vacancies; commercial property can often sit empty for many months or years. Unless you are starting from a very solid financial position, investing in commercial real estate is not recommended for beginners.

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  • Real Estate Investment Trusts:  a REIT is to a real estate property as a mutual fund is to a stock. A large number of individuals pool their funds together, forming a REIT, and allow the REIT to purchase large real estate investments, such as shopping malls, large apartment complexes, skyscrapers, or bulk amounts of single family homes. The REIT then distributes profits to individual investors. This is one of the most hands-off approach to investing in Real Estate, but do not expect the returns found in hands-on investing. You can buy shares in a REIT via your stock account, and they often have a relatively high dividend payment.

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Estate Planning: Preparing for the Future

Thomas is a sound engineer, he makes a reasonably good income from his job with a prominent record label and he enjoys the benefits that comes from working with some of the biggest stars in the music industry.  Thomas is married to Mimi and they have 4 beautiful kids Kene (15), Ada(13), Chika (10) and Thomas Jnr (8). The kids mean the world to him. Life is good for Thomas and his family, they travel regularly and have properties in choice areas within Lagos, Abuja and Port Harcourt.

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A few months ago, Thomas starts from sleep with severe chest pains, the pain is so intense that he can barely speak. Luckily his wife is able to take him to the hospital where he gets emergency treatment for a heart attack. Whilst he is recovering from his surgery, his wife informs him that his relatives had approached her and requested for a list of all his assets and properties, just in case that he passed away after the heart attack. She also informs him that his cousin attempted to take away one of his motor vehicles in her absence, and was only prevented by the efforts of the security man.

Thomas is incensed, however he is unable to leave his sick bed and even if he was, his doctor would not permit him to leave for fear that the heart attack would happen again. He instructs his wife to call his lawyers. Whilst she is away, he lies back and wonders what could have happened if he had passed away a a result of the heart attack- what would have happened to his family? Who would have provided for his family? He realises that his wife and children would have been thrown into the cold by his extended family and there would have been little remedy for them because he did not have a Will.

When his Lawyer arrives, Thomas asks for advice on the ways in which he can plan the distribution of his assets, so as to provide for his family in the event of his sudden demise and to ensure that his assets would be properly distributed and administered for the benefit of his wife and children. His Lawyer proceeds to explain the elements and benefits of an Estate Plan.

An Estate plan refers to the collection of documents which enables an individual manage his current and future assets in preparation for their death or incapacitation.  Many people mistakenly believe that estate planning is only necessary for the wealthy. In reality, a basic estate plan is essential for everyone, regardless of income or net worth, because we all want to minimize confusion, unnecessary costs, and stress for loved ones after our death.

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Without proper preparation and documentation, assets like houses, retirement plans and savings accounts can end up in limbo for years, sometimes requiring expensive legal assistance to straighten matters out.

Some of the major estate planning tasks include:

  •  Creating a will:

    Wills are easy to create, but they require the distribution of assets to go through probate. Probate is a legal process that involves:

    • Validating or proving a deceased person’s will; 
    • Identifying, inventorying, and appraising the deceased person’s property
    • Paying debts and taxes; 
    • And ultimately distributing the remaining property as the will directs. 

    The probate process often requires a lot of technical paperwork and court appearances, and the resulting legal and court fees are paid from estate property, thus reducing the amount that’s passed on to heirs.

  • Limiting estate taxes by creating Trusts and setting up trust accounts in the name of beneficiaries:A trust can be more expensive to set up and requires professional assistance, but it provides benefits that a will cannot. First, when they’re structured properly, trusts will help avoid guardianship if you become incapacitated. Furthermore,  A will only works after you’ve died; a trust, by contrast, works all the time, including periods of incapacity before death. Trusts usually avoid probate, which helps beneficiaries gain access to assets more quickly as well as save time and court fees. Depending on how it’s structured, a trust may also reduce estate taxes owed and can protect an estate from heirs’ creditors.

  • Establishing a guardian for living dependents:If you fail to appoint guardians in your Will and your children are orphaned before they reach 18, the courts will appoint guardians instead, but they won’t necessarily choose the people that you would have preferred to take care of your children. If when you pass away the other parent of your children survives, the surviving parent will normally continue to have full responsibility for the children. However, if neither parent survives (as in some road accidents) then the guardians you have appointed will take on the responsibility for your children. By appointing guardians you can ensure that your children are looked after by the people that you have chosen as the best people for the job.
  • Naming an executor of the estate to oversee the terms of the will:
  • The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct party. He or she also needs to ensure that all the debts of the deceased are paid off, including any taxes. The executor is legally obligated to meet the wishes of the deceased and act in the interest of the deceased. The executor can be almost anyone but is usually a lawyer, accountant or family member, with the only restriction being that he or she must be over the age of 18
  • Creating and updating beneficiaries on plans such as life insurance:
  • Setting up Funeral Arrangements:Funerals can also be paid for using assets from the deceased’s estate; however, the funds may not be available directly, so someone else will have to pay the immediate costs. The arranger of the funeral can pay the expenses and later be reimbursed in full once the estate is settled. Representatives like trust officers and estate attorneys can also pay funeral expenses from funds held in trust or from other available accounts, and later be refunded by the estate.
  • Establishing annual gifting to reduce the taxable estate:
  • Setting up durable power of attorney (POA) to direct other assets and investments

What happens if you die without a Will?

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I cringe whenever I hear that a person (especially a man) dies without leaving a Will, especially where the individual has a family and young dependants.Your will lets you decide what happens to your money, property and possessions after your death.When a person who was married with children dies intestate (without a will) then difficult questions arise. Who are the beneficiaries entitled to the deceased’s property? Should the estate be distributed according to Customary Law or received English Law. These questions sometimes cause the members of the family to engage in a bitter dispute which may result in litigation.

NOTE: If you die without a will, the law says who gets what!!!

The purpose of intestate succession procedure is to distribute the deceased’s assets in a manner that closely represents how the average person would have designed his or her estate plan, had that person prepared a will prior to his death. However, this default can differ dramatically from what the person really would have wanted. Even where it is known what the person intended, no exceptions are made where no valid will exists. Nor are there any exceptions made based on need or special circumstances.

In the Nigerian situation, where a man dies without a will, but married under the
English law, the family members may apply for the letters of administration. The wife and one or two grown up children of the man who dies intestate are the family members qualified to apply for the letters of administration.  But where there is no wife or grown up children, then the siblings of the late man can apply. The application will be made to the High Court of the state where the property is located, and it will be issued in the names of those who applied for it.

Section 49(1) of the Administration of Estates Law states that, the estate of a person who died intestate shall be distributed in the following manner; the surviving husband or wife shall take the personal chattels absolutely and in addition the estate (excluding personal chattels) shall be charged with the payment of a net sum of money equivalent to the value of one third  of the estate, free of funeral expenses, to the surviving husband or wife plus interest from the date of death at the rate of 2½ % per annum until paid or appropriated and subject to providing for that sum the estate (excluding personal chattels) shall be held as follows; (a) one-third upon trust for the surviving husband or wife during his or her lifetime and subject to such life interest, on the statutory trusts for the children of the deceased; and (b) two thirds on the statutory trusts for the children of the deceased.

Section 36(1) of the Marriage Act states that, where any person who is subject to customary law contracts a marriage in accordance with the provisions of this Act and such person dies intestate leaving a widow or husband or any children of the marriage, the real and personal property of such person which might have disposed by will, shall be distributed in accordance with the provisions of the Laws of England relating to succession of estates, notwithstanding any contrary customary law.

To avoid the type of family dispute and the kind of litigation examined in this piece, it is advisable to consult a lawyer and prepare a will so that one does not pass on intestate leave behind problems for the family.