Challenges Facing The Introduction of Electronic Wills to Nigeria Legal System
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Description
In an age when contracts are signed with a click, court filings move online, and digital assets form a growing part of personal wealth, one critical instrument of succession remains stubbornly in the past: the Will. Despite progressive recognition of electronic signatures and computer-generated evidence under the Evidence Act and related statutes, Nigerian law expressly excludes Wills, codicils, and other testamentary documents from electronic execution. The Cybercrimes Act, the Wills Act 1837 and enduring formalities of writing, wet-ink signature, and simultaneous physical presence of witnesses create a rigid barrier. The result is a legal framework designed for paper in a society racing toward digital life. This book systematically examines the obstacles that stand in the way of a well needed reform. It analyses the heightened risks of fraud, undue influence, and questions of capacity and authenticity in a digital environment; the evidentiary hurdles under Section 84 of the Evidence Act; infrastructural deficits, unreliable power, limited internet access, and uneven digital literacy that would undermine equitable implementation; and the deeper cultural, customary, and religious tensions that already complicates formal Wills in many Nigerian communities. Drawing on doctrinal analysis, comparative developments, and the voices of scholars and practitioners calling for change, the work maps both the dangers of hasty adoption and the costs of continued inertia. It is an essential read for lawyers, judges, legislators, academics, estate planners, and policymakers, this book offers a clear-eyed diagnosis of the legal, technical, and societal barriers that must be addressed before electronic Wills can safely and legitimately take their place in Nigeria’s succession landscape.