Introduction
Estate planning does not end with drafting a Will. Ensuring that the Will is safely deposited and formally registered is a crucial step in protecting the intentions of the testator.
In Abuja, the Probate Registry of the High Court of the Federal Capital Territory (FCT) provides a structured system for the deposit and safe custody of Wills during the lifetime of the testator.
What is Registration (Deposit) of a Will?
Registration, more accurately referred to as deposit of a Will, is the process of lodging a Will with the Probate Registry for safekeeping during the lifetime of the testator.
This is recognized under Order 59 of the High Court of the FCT (Civil Procedure) Rules, which provides that:
A person may, in his lifetime, deposit for safe custody in the Probate Registry his own Will, under his own seal and that of the Court.
If you are yet to prepare a Will or need guidance on how to draft one properly, you may find our detailed guide helpful:
A Simple Guide to Writing a Will in Nigeria
Is Registration of a Will Mandatory?
Registration is not a condition for validity of a Will.
However, it is highly recommended because it:
- Guarantees safe custody
- Prevents tampering or loss
- Ensures authenticity
- Facilitates smooth administration after death
Legal Framework Guiding Deposit of Wills in Abuja
The procedure is governed primarily by:
- Order 59, High Court of the FCT (Civil Procedure) Rules
- Probate practice directions and administrative procedures of the Registry
Of particular relevance:
- The Registrar must inspect the Will to confirm proper execution
- The Will must appear to be signed by the testator and attested by at least two witnesses
- Where execution is doubtful, an affidavit of due execution may be required
Requirements for Registration (Deposit) of Wills in Abuja
The following are the practical and administrative requirements:
1. Application to Deposit the Will
An application must be addressed to:
The Probate Registrar
or
The Chief Registrar
High Court of the FCT
Maitama, Abuja
This application formally requests that the Will be deposited for safe custody.
2. Supporting Documents
The following must accompany the application:
A. Letter of Instruction from the Testator
This confirms that the deposit is done with the authority and consent of the testator.
B. Proof of Identity of the Testator
A photocopy of a valid identification document, including:
- Driver’s Licence
- International Passport
- National Identity Card
- Voter’s Card
3. Passport Photograph of the Solicitor
A recent passport photograph of the Solicitor depositing the Will is required for registry records.
4. Payment of Prescribed Fees
The deposit process is subject to the payment of prescribed fees. These typically cover:
- Filing and administrative charges
- Preparation of affidavit (where required)
- Waxing and sealing of the Will
5. Compliance with Execution Requirements
Before acceptance, the Registrar must be satisfied that the Will appears to have been duly executed.
This aligns with Order 59, which requires that:
- The Will must be signed by the testator (or by another person in his presence and by his direction)
- It must be attested by at least two witnesses
- The attestation clause must reflect proper execution
Where there is doubt:
- The Registrar may require an affidavit from an attesting witness or another person present at execution
6. Sealing, Waxing, and Safe Custody
Once accepted:
- The Will is sealed under the authority of the Court
- It is placed in official custody at the Probate Registry
- A record of deposit is created (often acknowledged through a standard form issued by the Registry)
Important Legal Considerations
Confidentiality of Deposited Wills
A deposited Will remains confidential and cannot be accessed during the lifetime of the testator except under special circumstances.
Upon the death of the testator, the Will is opened and forms the basis of probate proceedings. You can read our detailed guide on how to obtain probate or letters of administration in Nigeria.
Restriction on Withdrawal
Once deposited:
- The Will is not released except under the direction of the Court or in accordance with Registry procedures
Inspection by Registrar
The Registrar has a duty to:
- Examine the Will for apparent compliance
- Refuse further action where execution appears defective
Affidavit of Due Execution
Where necessary, the Registrar may require:
- An affidavit from attesting witnesses
- Evidence confirming the handwriting or signature of the testator
Common Pitfalls to Avoid
- Depositing a Will that is improperly executed
- Failure to include an attestation clause
- Submitting incomplete identification documents
- Lack of proper authorization from the testator
- Failure to engage a legal practitioner where necessary
SAMPLE APPLICATION FOR DEPOSIT OF WILL
AMAKA EKE & CO.
No. 9 Atakpame Street,
Off Adetokunbo Ademola Crescent,
Wuse II, Abuja
Date: 8th April 2026
The Probate Registrar
High Court of the Federal Capital Territory
Maitama, Abuja
APPLICATION FOR DEPOSIT OF WILL
We are Solicitors to Mr. James Eke Aka (hereinafter referred to as “the Testator”).
Pursuant to the applicable Rules and practice of the Probate Registry of the High Court of the Federal Capital Territory, we respectfully apply for the deposit of the Last Will and Testament of the Testator for safe custody.
The said Will was duly executed by the Testator in accordance with the requirements of the law and is hereby submitted under seal for deposit at the Probate Registry.
This application is made with the full authority and instruction of the Testator. (A Letter of Instruction duly signed by the Testator is attached herewith).
We also attach a photocopy of a valid means of identification of the Testator for record purposes.
We respectfully request that the said Will be received, sealed, and deposited in the Probate Registry for safekeeping in accordance with the established procedure.
Kindly acknowledge receipt of this application and confirm the deposit accordingly.
Yours faithfully,
Amaka Eke Esq.
(Principal Solicitor)
LIST OF DOCUMENTS ATTACHED
1. Last Will and Testament of the Testator
2. Letter of Instruction from the Testator
3. Photocopy of the Testator’s National ID Card
4. My Passport photograph as the Solicitor to the testator
5. Evidence of payment of prescribed fees
Conclusion
The deposit of a Will at the Probate Registry in Abuja is a vital safeguard in estate planning. While not mandatory, it significantly enhances the security, authenticity, and enforceability of the testator’s wishes.
It also ensures that, upon death, the Will can be easily located and relied upon without unnecessary complications.
Disclaimer
This publication is for general informational purposes only and does not constitute legal advice. The procedural requirements and administrative practices of the Probate Registry of the High Court of the Federal Capital Territory may vary from time to time.
Readers are advised to consult a qualified legal practitioner for specific guidance tailored to their circumstances.
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