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The short answer
A South African will can mention property in Nigeria, but land in Nigeria is administered under Nigerian law through a Nigerian probate registry, which will want a will it can prove locally. Many Nigerians in South Africa therefore make two wills: an SA will for South African assets and a Nigerian will for Nigerian assets, each limited to its own country so that neither revokes the other.
The short answer
Your South African will is not invalid in Nigeria simply because it was made abroad, but it is not the easiest document for your family to use there. Land and buildings are generally dealt with under the law of the place where they are, and in Nigeria that means a grant of probate or letters of administration from a state High Court probate registry. A will written for South African formalities, held by a South African executor and possibly requiring certified, authenticated copies, slows that process. The American Bar Association's Probate and Property journal (July/August 2025) describes why lawyers often use separate wills for assets in different countries: each will is administered in its own country without a second, ancillary probate.
What a Nigerian will needs
The Trusted Advisors' summary on Mondaq (August 2024) sets out the core elements under the Wills Act 1837 and state Wills Laws:
- You must be of age: 18 under the Lagos Wills Law (section 3), 21 under the Wills Act (section 7) where that applies.
- The will must be in writing, in any language.
- You sign it, or someone signs at your direction in your presence.
- At least two competent witnesses sign in your presence and in each other's presence.
- Witnesses must not be beneficiaries.
The article does not cover wills signed outside Nigeria, depositing a will with a probate registry or limits under Islamic law. If you are Muslim or your family follows customary inheritance, ask a Nigerian lawyer how that affects what a will can do.
The main risk: one will cancelling the other
Most wills open with "I revoke all former wills". Irwin Mitchell's July 2026 note describes how that standard clause can revoke a will in another country if it is not limited, citing a case where a later home-made will appeared to revoke an English will. The fix is in the drafting:
| Clause | SA will | Nigerian will |
|---|---|---|
| Scope | Covers assets in South Africa (and elsewhere except Nigeria) | Covers assets in Nigeria only |
| Revocation | Revokes earlier wills only so far as they deal with the same assets | Same, limited to Nigerian assets |
| Recognition | States that a separate Nigerian will exists and is not revoked | States that the SA will exists and is not revoked |
| Executor | Someone able to act in South Africa | Someone able to act in Nigeria |
| Residue | Residue of SA estate only | Residue of Nigerian estate only |
The ABA article adds that residuary clauses in the two wills must not conflict, and that coordinating lawyers in both countries reduces the chance of gaps. Our all-country guide one will or two goes through the same problem for other countries.
Signing a Nigerian will from South Africa
- Instruct a Nigerian lawyer to draft the will, with a list of your Nigerian assets and title documents.
- Agree how it will be signed: during a trip home, or in South Africa in front of two independent witnesses, following the lawyer's instructions exactly.
- Ask whether the lawyer recommends depositing the original with a probate registry; see depositing a will with a Nigerian probate registry.
- Tell both executors where each original is kept.
- Review both wills together whenever you marry, divorce, have children or buy or sell property.
If any South African document is needed in Nigeria, note that South Africa is a party to the Apostille Convention but Nigeria is not on the HCCH status table, so documents usually need authentication and legalisation instead of an apostille. Our guide to executing a Nigerian will while abroad covers the practical steps.
If you only have an SA will today
You do not need to panic or tear it up. An existing SA will that mentions your Lagos flat still records what you wanted, and a Nigerian court can be asked to prove it, but your executor may need certified copies of the will and of the South African grant, authenticated for use in Nigeria, and a Nigerian lawyer to apply locally. That takes time and money while the property sits unmanaged and rent goes uncollected. The cleaner route is to make a Nigerian will for the Nigerian assets and, at the same time, have your SA lawyer amend the SA will so that it excludes them and recognises the new one. Signing both in the same period, with each lawyer seeing the other's draft, avoids the revocation trap.
If you die without any will that covers Nigerian property, the estate passes under the intestacy rules that apply to you in Nigeria, which can depend on the state, the type of marriage and, for some families, customary or Islamic law. That is often not what people expect, especially for spouses and daughters, which is the strongest reason to write a Nigerian will.
Assets that pass outside the will
Some Nigerian assets follow their own rules. For an RSA pension, PenCom's 2023 FAQ says a deceased member's balance is paid to the executors of a will or to an administrator appointed by the Probate Registry, so the will and the RSA's beneficiary details should agree. Bank accounts, shares held through a registrar and jointly owned land may each need their own steps, so list them for your Nigerian executor.
Where Pryme fits
Pryme does not write wills. What helps your executors is a clear record: any Pryme customer can generate a verifiable statement through VerifyDoc.ai, which anyone can check is genuine and unaltered (receipts), and security settings such as the authenticator app keep the account protected in the meantime.
Questions people ask
Is a South African will valid for property in Nigeria?
It is not void, but Nigerian land is administered through a Nigerian probate registry, so a separate Nigerian will limited to Nigerian assets is usually easier for your family.
Can two wills cancel each other?
Yes. A standard clause revoking all former wills can cancel the other one. Each will should be limited to its own assets and recognise the other.
How many witnesses does a Nigerian will need?
At least two, who sign in the testator's presence and each other's, and who are not beneficiaries.
Do I need an apostille for documents used in Nigeria?
Nigeria is not a party to the Apostille Convention, so SA documents generally need authentication and Nigerian mission legalisation.
Sources
- American Bar Association: Ensuring testamentary intent in multiple jurisdictions (Jul/Aug 2025) · accessed Oct 2026
- The Trusted Advisors via Mondaq: Understanding the core elements of a valid will in Nigeria (8 Aug 2024) · accessed Oct 2026
- Irwin Mitchell: When one will undermines another (10 Jul 2026) · accessed Oct 2026
- HCCH: Apostille Convention status table (updated 30 Jun 2026) · accessed Oct 2026
- PenCom: Frequently asked questions (2023 edition) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.