A full-service law firm in Nigeria, Lex Artifex LLP provides legal representation in Nigeria for business people in trade and investment matters covering legal due diligence, company registration in Nigeria, shipping and maritime services, industrial designs, patents and trademarks filings in Nigeria, customs certifications, debt recovery, expat and immigration services, and company secretarial services.
Lex Artifex Law Firm is a window for offshore investors looking to locate in Nigeria and the one-stop shop for companies seeking business expansion and licensing in Nigeria. Lex Artifex LLP helps clients navigate the legal, tax and regulatory considerations for doing business in Nigeria.

Lex Artifex LLP’s people are accredited lawyers in Nigeria. They bring clients the best legal solutions in all processes, and provide top-tier, timely and cost-efficient legal services in Nigeria, enabling clients avoid legal liabilities and business risks. They are smart, hardworking and urbane people with detailed knowledge of Nigerian business laws and international commercial law.

Lex Artifex LLP practice focus cover the following:

Business Advisory: The firm’s Trade & Investment Advisory Group represents local and international clients in a broad spectrum of corporate and commercial law covering issues relating to company formation in Nigeria, joint ventures, licensing, taxation, immigration, due diligence, regulatory compliance, private equity funding, debt financing, intellectual property filing and enforcement, customs, foreign exchange, international trade and foreign direct investments.

Shipping and Maritime Law: The firm is a leading shipping and maritime law firm in Nigeria. Its shipping and maritime lawyers in Nigeria focus on transactional and litigation matters for clients across the maritime industry including: shippers, carriers, ship owners, stevedores, energy companies, cruise lines, non-vessel-operating common carriers, salvage companies, shipyards, and insurers.

Intellectual Property Law: Lex Artifex LLP specializes in the commercialization of intellectual property and enforcement of intellectual property rights in Nigeria. The firm also provides clients with services in filing trademark, patent and industrial design applications; and the documentation of IP assets.

Real Estate and Property Law: Lex Artifex LLP’s real estate lawyers in Nigeria provide services in structured transactions ranging from negotiating and drafting of real estate and personal property leases; acquisition, sale or financing of real estate developments; restructuring financial and mortgage obligations; review, analysis and resolution of title issues; recovery of secured or unsecured assets; and ensuring regulatory compliance in real estate matters.

Immigration Law: Lex Artifex LLP’s lawyers are specialists in Nigerian business immigration services. The firm’s immigration law practice covers procurement of Business Permit for companies wholly owned by foreign investors; Expatriate Quota for companies in need of expats; Residency Card for ECOWAS citizens living in Nigeria; and Combined Expatriate Residence Permit and Allied Card (CERPAC) for non-ECOWAS citizens’ who wish to live and carry on business in Nigeria. They are immigration lawyers in Nigeria and advise clients on Nigerian immigration requirements for setting up and doing business in Nigeria.

Tax Law: The firm’s people are tax lawyers in Nigeria and provide a broad range of legal advisory for both local and foreign clients on a wide range of matters including corporate tax, personal tax, value added tax, capital gain tax, withholding tax, custom and excise tax and petroleum profit tax. The firm’s tax practice cover advisory on private equity investments, project finance, JVs, expatriate employees, real estate and intellectual property transactions.

Inheritance Law: Lex Artifex LLP provides estate planning, succession, and probate execution processes for clients. The firm has specialist solicitors in the field of drafting of Wills, Living Trusts, Irrevocable Trusts, Power of Attorneys, Health Care Directives, etc. The firm leverages its specialized knowledge and experience to advise clients and act as trustees and executors of clients’ estate after probate.

Dispute Resolution: Lex Artifex LLP adopts cost-effective and efficient mechanisms at resolving clients’ issues arising out of intricate and complex business transactions. Lex Artifex LLP litigators are talented in managing issues arising from contracts, credit transactions, taxation, environmental issues, negligence, real estate,labour and employment, land, corporate restructuring claims, competition, company dissolution, receiverships, debt recovery, class action litigation, government enforcement, white-collar crimes and immigration issues.

To learn more about Lex Artifex LLP, please visit their website at http://www.lexartifexllp.com; email: lexartifexllp@lexartifexllp.com or call +234.803.979.5959. The lawyers are proficient in the English language and work with non-English speaking clients through language translators.




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A complete guide on how to start, register and run an NGO in Nigeria is provided here http://lexartifexllp.com/start-register-ngo-nigeria/

Land transactions sometimes raise issues and problems not present in other transactions. Here are a few tips on how to safeguard your interest as a buyer before letting go your money in a land transaction. “Land”, “building”, “real estate”, “real property” and “property” are used interchangeably in this article. Read more at
http://lexartifexllp.com/before-buying-land/

Land transactions sometimes raise issues and problems not present in other transactions. Here are a few tips on how to safeguard your interest as a buyer before letting go your money in a land transaction. “Land”, “building”, “real estate”, “real property” and “property” are used interchangeably in this article. Read more at
http://lexartifexllp.com/before-buying-land/

This article is a guide to land registration and perfecting title documents to land in Nigeria.

What Is Important to Note about Land Registration?

It is important for every land purchaser to understand that having a good title to land (what in layman terms is “ownership of land”) goes beyond merely paying money to buy a piece of land from a vendor and signing an “Agreement” expressed as an “Irrevocable Power of Attorney”. A land purchaser is required by law to... Read more at
http://lexartifexllp.com/land-registration/

Starting a church or running a church business in Nigeria may be a fulfilling experience and challenging experience at the same time. Church is registerable as “Incorporated Trustees” under Part “C” of the Companies and Allied Matter Act, Cap C20 Laws of the Federation 2010 and considered a nonprofit organization under Nigerian laws.

The following is a guide on how to register a church in Nigeria, things to consider when starting a church, and pastoring a church in accordance with the statutory obligations of relevant laws. Read more at -
http://lexartifexllp.com/starting-a-church/

If you are an anointed Man of God: an Apostle, Bishop, Evangelist, Pastor, Prophet, Reverend, etc.; you may be considering opening your own Church, or registering an existing Church/Fellowship as a corporate body in Nigeria. Here are the benefits you will derive from registering that church under Part “C” of the Companies and Allied Matter Act, Cap C20 Laws of the Federation of Nigeria 2010. Read more at
http://lexartifexllp.com/register-a-church-nigeria/

As a citizen, it is important to understand your fundamental rights as enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. These Fundamental Human Rights pertain to life; dignity of human person; personal liberty; fair hearing; private and family life; freedom of thought; conscience and religion; freedom of expression and of the press; peaceful assembly and freedom of association; freedom of movement; freedom from discrimination; and freedom to acquire and own immovable property anywhere in Nigeria.
Nevertheless, understanding how to enforce these rights where there is a breach, or to file claims in court for compensatory reliefs against anyone including a government agency such as the Police may be just as important. Below is a link to the guide on how to enforce human rights.
http://lexartifexllp.com/human-rights-enforcement/

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Find below a link to the guide on how to obtain the grant of probate which entails claiming the money in the bank as well as the movable and immovable assets of a deceased person who died testate (i.e. leaving a valid Last Will).
http://lexartifexllp.com/grant-of-probate/

Find below a link to the guide on how to obtain the grant of probate which entails claiming the money in the bank as well as the movable and immovable assets of a deceased person who died testate (i.e. leaving a valid Last Will).http://lexartifexllp.com/grant-of-probate/

If someone has died and left behind money in the bank, real estate and/or personal belongings, and you want to take over these assets, or want to outrightly sell off the assets; the link below gives you an insight on the procedure to obtaining the letter of administration and assuming control of the estate of the deceased.
http://lexartifexllp.com/letter-of-administration/

ESTATE PLANNING: FAQs ON RETIREMENT, PROBATE, AND INHERITANCE LAW (1)

Here is the summary of estate planning and answers to questions on retirement, probate, and succession.

What is Estate Planning?

Estate planning is the act of preparing for the administration of one’s wealth and assets after death. Estate planning is for those who wish to control the management, transfer or disposition of their properties when they are no more in order to forestall the maladministration of their estate or family dispute over the sharing of the properties. Real estate, cars, personal belongings, life insurance, salary/pension arrears, cash at bank, shares, floating securities and debts are all part of one’s estate.

What happens if I die without an Estate Plan?

If you die without an estate plan, your property will be subject to the Laws of Intestacy. The intestacy laws apply in an illogical manner, which means the persons you would ordinarily want to receive an equitable share of your assets may get nothing, while others may hijack your estate to themselves. Your relatives may end up battling themselves over your property. By planning your estate, you can give specific instructions on how your estate should be dealt with and be rest assured that your loved ones and the most vulnerable amongst them will gain financial security and a fair share of your estate. Estate planning is a necessary step in ensuring your assets end up where you want them, without any court interference.

Through what modes can I achieve an estate plan?

You can plan your estate by creating a Living Trust or by structuring a Probate.

What is a Living Trust?

A Living Trust is a legal arrangement wherein the creator (often called the “settlor”) holds and owns his assets after he transfers them into a Trust vehicle. The Trust vehicle provides for the management of the settlor’s assets during his lifetime and after his death. If you are serving as your own trustee under a Living Trust, the instrument will provide for a successor trustee, who upon your death or incapacity will administer or manage the trust assets either for the benefit of himself or another person or group of people (called the “beneficiaries”).

What is Probate?

Probate is the procedure of granting a legal instrument in form of “Grant of Probate” in respect of the estate of a deceased person who died testate (i.e. leaving a valid Will).

What is a Will?

A will is a legal document that indicates how you want your property to be administered, managed, distributed, shared, or even wound up after your death. It is revocable and subject to amendment at any time during your lifetime.

Who can make a Last Will?

Any adult with a sound disposing mind of 18 years and above, or a minor serving in the military or a minor who is married can make a Will.

When should I change my Will?

You can amend a Will through a Codicil, or revoke it entirely, or make a new Will at any time during your lifetime to reflect your most current wishes and when you acquire a new property. So, you can have a periodic review of your circumstances and amend your Will to reflect the changes, change a beneficiary, and represent your interests. If you are separated from your estranged spouse or embroiled in a divorce proceeding where decree absolute is yet to be ordered by the court, it is vital that you make a new Will as soon as possible. Otherwise, your estranged spouse will be entitled to inherit your property.

What is the difference between an Executor and an Administrator?

An Executor is appointed by the testator himself (the maker of the Will) in his Last Will and Testament.

Administrators are appointed by the Order of Court vide a Letter of Administration wherein there is no executor, or wherein the deceased died intestate (i.e. without leaving a valid Will).

What is the difference between “Grant of Probate” and “Letter of Administration”?

Grant of Probate is issued by the Court to the executor who was dully appointed by the testator himself in the testator’s Last Will to enable the executor to carry out the instructions of the testator. Letter of Administration may be obtained by any interested party where the deceased died intestate (i.e. leaving no valid Will) to empower the interested party (called the “Administrator”) administer the estate of the deceased.

Why should the estate of the deceased pass through probate?

Probate is needful to safeguard the deceased estate from falling into wrong hands; to ascertain whether the Will sought to be proved is valid before confirming the authority of the executor by a Grant of Probate. To offer the executors or administrators court protection in the administration, management or winding up of the deceased’s estate. To give legal backing for the sell and disposal of the deceased’s real and personal properties.

What properties cannot be included in probate?

Certain properties such as life insurance proceeds, salary/pension arrears of the deceased, joint tenancy property, trust property, etc., may not be subject to probate, such properties would rather pass directly to an already named beneficiary, survivor or next of kin.

What does the Executor do?

The Executor is the person or the firm responsible for ensuring that the wishes of the testator, as specified in his Last Will and Testament, are carried out and strictly adhered to. The executor makes sure the assets are transferred to the beneficiaries named in the Will as smoothly and efficiently as possible. The executor may serve as the trustee, the roles do overlap.

Who can I appoint as my Executor in my Will?

Your executor does not necessarily have to be your family member or friend, your Executor can be a Solicitor, Law Firm or an institutional asset manager. Appointing a neutral and impartial person as your Executor will give you the assurance that your estate will be administered and dealt with dispassionately in accordance with your wishes as expressed in your Last Will.

When should Grant of Probate be applied for?

An application for the Grant of Probate must be filed by the executor within three (3) months of the testator’s death.

Can the executor sell off my property?

No, the executor can only sell your assets where your Will instructs him to do so. However, the beneficiaries named in the Will may request the executor to execute a sale of an asset on their behalf. A situation may arise where it is practically impossible to share a property amongst all the beneficiaries named in the Will (e.g. a car), such may warrant a sale of the car to be executed and the proceeds of sale shared amongst the beneficiaries so entitled.

How am I sure that the executor shall deal with my assets properly?

Where you appoint a neutral and impartial person as your Executor, you can rest assured that your estate will be administered and dealt with dispassionately and objectively under the supervision of the Court where the Grant of Probate was issued and under the close watch of the beneficiaries named in your Will.

What fees are charged by an Executor?

The sum total of both the executor’s administrative charges and professional fees is 5% of the gross value of the estate. Where the executor pursues the deceased’s debtors and recovers debts and income owed to the deceased’s estate, the executor will be entitled to a fixed charge payable as Barrister fees or legal fees.

WHAT TO DO NEXT?

Even if you are a person of modest means, you have worked hard for your money and acquired your property overtime. It is important that you control what happens to your property when you are no more. Creating a blueprint for successful estate planning and protecting your assets can be very beneficial both to you and your loved ones. Your estate plan gives clear indications to the whole world on how you want your property to be administered, managed, shared or dealt with after your demise.

Estate planning involves technical and procedural complexities and the governing laws vary by states. It is important you seek legal guidance and help from a specialist Solicitor. Lex Artifex, LLP. can put you through several strategies to choose from to develop an Estate Plan specifically tailored to your own unique circumstances. Let’s discuss your options during an initial consultation. To schedule a meeting, call us at +2348187019206, +2348039795959 | Email: edoabasi.udo@lexartifexllp.com | Website: www.lexartifexllp.com/consultation.

EDOABASI UDO is a Barrister, Solicitor and Transaction Adviser at Lex Artifex, LLP.

View the original article at http://lexartifexllp.com/estate-planning/