You’re ready to transfer your land or house to your loved ones, maybe your first son, your daughter, or even your wife. But now you’re stuck wondering: Should I write a will or use a deed of gift? Which one will save my family from stress, disputes, or even “wahala” after I’m gone?
The truth is, many Nigerians don’t think about this until it’s too late. We’ve all heard stories of family members fighting over property, of probate court delays that drag on for years, and of children being chased out of homes they grew up in, all because their parents didn’t properly document ownership transfer. Even worse, some people assume that a verbal promise or a handwritten note is enough. It’s not. These mistakes cost real families real property every day.
In this blog post, we’ll break down the difference between a Will and a Deed of Gift in Nigeria in simple, clear language. You’ll learn:
The pros and cons of each option
Which method gives your family the smoothest experience
Legal and financial implications (including registration, taxes, and probate)
Real-life examples from Nigeria
And most importantly: how to make the best decision for your situation
What is a Will?
A Will is a legal document that outlines how a person wants their assets shared after their death. In Nigeria, wills are governed by the Wills Act and state-specific laws.
Key Features:
Takes effect only after death
Can be updated multiple times
Allows you to appoint executors and guardians (especially important if you have minor children)
Must go through probate, a court process to validate and enforce the will
Pros of Using a Will:
Retain full control of your property while alive
Flexibility to update your wishes
Legal clarity for your heirs
Good option for complex estates
Cons of Using a Will:
Probate process can take time and money
Possibility of disputes if family members challenge it
May not be honoured if improperly written or not legally registered
What is a Deed of Gift?
A Deed of Gift is a legal document used to voluntarily transfer ownership of property from one person (the donor) to another (the donee) without receiving payment.
Key Features:
Takes effect immediately
Irrevocable once executed
Must be registered at the Lands Registry
Usually used for gifting land, houses, or other valuable assets
Pros of Using a Deed of Gift:
Immediate transfer of ownership
Avoids probate and delays
Can prevent family conflicts if done transparently
Gives peace of mind to both donor and donee
Cons of Using a Deed of Gift:
You lose control of the property once it’s gifted
Can’t be reversed or cancelled easily
Could attract stamp duties, registration fees, and capital gains tax
Which Is Better: Will or Deed of Gift?
The right choice depends on your goals:
Choose a Will if:
You want to retain control of your assets until death
You may change your mind later
You want to distribute multiple assets to various heirs
Choose a Deed of Gift if:
You want to give property now while you’re alive
You trust the recipient and have no plans to take the property back
You want to avoid probate entirely
In some cases, people use both — gifting some assets now and writing a will for the rest.
Common Mistakes Nigerians Make When Transferring Property
Not registering the deed of gift properly
Relying on verbal promises or informal family arrangements
Not writing a will at all
Using a will but failing to update it after acquiring new property
Assuming children will “just know” who gets what
Avoid these mistakes by working with a qualified property lawyer and ensuring all documents are registered.
FAQs About Will vs Deed of Gift in Nigeria
Q: Can I gift a property and still live in it?
A: Technically yes, but only if you include a clause or agreement allowing that. Once ownership is transferred, the donee has legal rights to the property.
Q: Can someone challenge a deed of gift?
A: It’s rare, but possible — especially if there’s suspicion of fraud, duress, or if it wasn’t registered.
Q: Is a handwritten will valid in Nigeria?
A: Yes, but it must meet certain legal criteria. However, a typed and registered will is stronger.
Q: Which is cheaper: a deed of gift or a will?
A: A will is cheaper upfront. But probate can be costly. A deed of gift involves more fees upfront but avoids probate.
Final Thoughts
Transferring property in Nigeria, whether through a will or a deed of gift, is a serious matter. Don’t wait until it’s too late. The best option is the one that gives you peace of mind, protects your family, and avoids future conflict.
Speak to a property lawyer, make it official, and secure your family’s future.