African Wills & Trusts
Estate planning that navigates customary law, statutory law, and cross-border complexity.
Estate planning in Africa is uniquely complex. Most African countries operate dual legal systems — statutory law inherited from colonial powers and customary law that governs inheritance within traditional communities. These systems often conflict. A will that is valid under statutory law may be challenged under customary law. Assets held in multiple African jurisdictions may each require separate wills. And the absence of any will at all — intestacy — can trigger outcomes that no one intended. We navigate this complexity so your family does not have to.
The Dual Legal System Challenge
In Zambia, the Intestate Succession Act distributes a deceased person’s estate according to a fixed formula — 20% to the surviving spouse, 50% to the children, 20% to parents, and 10% to other dependants. But customary law in many Zambian communities dictates that property passes through the male line, potentially excluding the surviving spouse entirely. Which system prevails depends on the nature of the assets, the community, and whether a valid will exists.
In Nigeria, the situation is even more complex. The country operates three parallel legal systems — English common law, customary law, and Islamic law (Sharia) — each with different inheritance rules. A Nigerian with assets in Lagos (common law), Kano (Sharia), and a family village (customary law) may need three separate legal frameworks to distribute their estate.
A properly drafted will — or set of wills — is the single most important step you can take to ensure your assets pass to the people you intend, in the manner you intend, without unnecessary delay, cost, or family conflict.
Cross-Border Estate Planning
Many of our clients hold assets in multiple jurisdictions — a house in Zambia, an offshore investment portfolio in the Isle of Man, a property in South Africa, and a bank account in the UK. Each jurisdiction has its own probate process, its own rules on forced heirship, and its own tax treatment of inherited assets.
A single will that attempts to cover all jurisdictions is often inadequate. It may not be recognised in every jurisdiction, it may trigger unintended tax consequences, and it may conflict with local forced heirship rules. The solution is typically a suite of coordinated wills — one for each jurisdiction — that work together to distribute your global estate efficiently.
We coordinate with specialist estate planning lawyers in each relevant jurisdiction to ensure your wills are consistent, tax-efficient, and legally enforceable. We also ensure that your offshore investment structures (endowment wrappers, trusts, corporate holdings) are aligned with your estate plan so that assets pass seamlessly to your beneficiaries.
Family Governance
In African families, estate planning is not just a legal exercise — it is a family governance exercise. Extended family obligations, polygamous family structures, blended families, and cultural expectations all need to be considered. A will that is legally perfect but culturally tone-deaf can cause more conflict than no will at all.
We approach estate planning with sensitivity to these realities. We help you think through not just the legal distribution of assets, but the family dynamics — who should be executor, how to handle unequal distributions, how to provide for extended family without creating dependency, and how to communicate your wishes to your family during your lifetime.
Our Process
01
Estate Mapping
02
Family Discussion
03
Will Drafting
04
Periodic Review
Next step
Every strategy begins with a conversation. We would welcome the opportunity to understand your circumstances and show you what is possible.
Key Facts
Statutory + Custom
Multi-country
Coordinated suite
Included
Advisory
Related Services
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