Late Iwuanyanwu’s Will Raises Remarriage Ban Clause: How Powerful Is A Will In Nigeria?

Respected businessman, philanthropist, and political leader, late Chief Emmanuel Iwuanyanwu, even in death a year on, continues to stir conversations.

His recently unveiled Will has raised debates about inheritance, personal freedom, and the lasting influence of legal documents.

Until his death on July 25, 2024, Chief Iwuanyanwu stood as a well-known figure in Nigeria’s business and political space.

After the passing of his first wife, Lady Eudora Nnenna Ozinyereaku Iwuanyanwu, in 2011, he married a much younger woman, Frances Chinonyerem Enwerem, in 2013. Their union produced a son.

When his Will was read on June 16, 2025, it revealed an equal distribution of his properties among his children and other family members. However, a surprising condition caught public attention. Frances, now 37, was granted ownership of prime properties including the famous “Legacy House” in Owerri, interests in real estate across Imo State, and Magil Furniture, a business once managed by his first wife. But, the document strictly stated that she must remain unmarried to retain these assets.

Choosing to marry again would mean losing all her inheritance.

This provision has raised many questions. When should someone prepare a Will? What does Nigerian law say about such conditions? And how powerful is a Will in shaping life?

When Do You Begin to Write a Will?

Many people assume that Wills are only for the elderly or the sick. This is a common mistake. Every adult who owns land, property, businesses, or investments should consider writing a Will early.

A Will helps prevent family disputes, protects the interests of dependents, and ensures that the writer’s wishes are respected. It can also include personal or moral instructions for the beneficiaries. Life is full of uncertainties, so it is wise to prepare a Will soon after acquiring valuable property, getting married, or starting a family.

A properly written Will brings peace of mind, knowing that the writer’s desires will be carried out as planned.

A Legal Perspective: What Does Nigerian Law Say About Wills and Conditional Bequests?

In Nigeria, the preparation and enforcement of Wills are guided by the Wills Act of 1837 (applicable in some states) and by local Wills Laws in others, such as the Wills Law of Lagos State, Cap W2, Laws of Lagos State, 2015.

A testator (the person making the Will) has the right to distribute their property freely and may attach conditions to any gift or bequest. This is known as a “Conditional Bequest.”

According to Section 3 of the Wills Act 1837, a person may give their property to whoever they wish and under any terms they choose, as long as the conditions are not illegal, impossible, or against public policy.

However, if a condition violates constitutional rights, such as the freedom to marry, the affected beneficiary has the right to contest the Will in court.

In general, Nigerian courts respect the freedom of individuals to dispose of their property as they see fit, unless the condition is proven to be unlawful or unjust.

How Powerful Is a Will in Shaping Life?

A Will is a powerful document that can control how wealth, property, and responsibilities are handled after the writer’s death. It determines who receives what, sets conditions for inheritance, and can direct the use of money for education, charity, or business.

The influence of a Will is felt long after the writer is gone. It can shape family decisions, impact personal relationships, and even affect future generations. Without a valid Will, property may be distributed according to state laws, which may not reflect the deceased person’s true wishes. This can lead to conflicts, confusion, and legal battles.

Therefore, a Will is not just a document of wealth transfer. It is a tool that preserves the writer’s voice and intentions, guiding the future actions of those left behind.

Can a Will be contested or appealed in Nigeria?

Yes, under Nigerian law, a Will can be contested in court by interested parties such as family members or dependents. Grounds for contesting a Will include lack of testamentary capacity (where the testator was mentally unfit when the Will was made), undue influence, fraud, forgery, or improper execution that does not comply with legal requirements such as those outlined in Section 4 of the Wills Act 1837.

If a Will is successfully contested, the court may declare it invalid either in whole or in part. In such situations, the deceased’s estate may be distributed based on a previously valid Will or according to the statutory rules of intestacy.

What happens if a Will is ignored or its instructions are disobeyed?

If executors or beneficiaries deliberately ignore or disobey the clear instructions of a valid Will, the court has the power to enforce compliance. Executors can be removed or replaced if they fail to perform their duties as directed. Beneficiaries who unlawfully interfere with the distribution of assets may face legal action, including being ordered to return misappropriated property and pay damages.

Relevant Nigerian cases on Will contest and enforcement

There are cases in Nigerian law that show how courts have handled disputes involving Wills. For example:

In Ilok v. Ilok (2013), the Court of Appeal upheld the validity of a contested Will after finding that the testator had acted of free will and with full mental capacity.

In Adebajo v. Adebajo (1973), the Supreme Court of Nigeria ruled that while a testator has the freedom to distribute property as they wish, conditions attached to such distribution must not violate public policy.

These cases highlight that while a Will carries strong legal weight, it is not above scrutiny. Courts have the authority to uphold or strike down parts of a Will if proven invalid, unfair, or unlawful.

The details of Chief Iwuanyanwu’s Will have brought the importance of early and clear estate planning to public attention.

Beyond the controversy of specific clauses, this event highlights a simple truth. Every property owner should prepare a valid Will, understand its legal strength, and realize that this document has the power to influence life long after death.

The key question for everyone remains. When will you write your Will, and what legacy will it leave behind?