← Back to Adaka

Will vs affidavit — what's the difference?

A will and an affidavit are both legal documents — but they are used for completely different purposes at completely different times. Understanding the difference saves you from applying for the wrong thing, and from paying for something you don't need.

What is a will?

A will (also called a Last Will and Testament) is a legal document in which you state how you want your assets and property to be distributed after you die. It may also appoint a guardian for your children and name an executor who will carry out your instructions.

Key characteristics:

• Takes legal effect only after your death
• Must be signed in front of at least two witnesses (who are not beneficiaries) to be valid
• Can be changed or revoked at any time while you are alive
• Goes through a probate process before the estate is distributed

What is an affidavit?

An affidavit is a sworn written statement of fact. You swear or affirm that the contents are true, in front of a Commissioner for Oaths or a Notary Public. It is a statement about the present or past — not a set of future instructions.

Common uses for affidavits in Nigeria:

• Name correction or discrepancy — when your name is spelled differently across different ID documents
• Age declaration — when your date of birth can't be confirmed from records
• Loss of certificate — declaring that you've lost an original document such as a WAEC certificate or birth certificate
• Indigene declaration — stating that you belong to a particular community or local government
• Next-of-kin declaration — confirming your relationship to a deceased person for the purpose of accessing their estate

Side-by-side comparison

	Will	Affidavit
Purpose	Distribute property after death	Swear a statement of fact
When it takes effect	Only after the writer's death	Immediately when sworn
Who needs it	Anyone who wants to control what happens to their estate	Anyone who needs to prove or declare a fact formally
What it requires	Two witnesses present at signing	Sworn before a Commissioner for Oaths
Starting price on Adaka	From ₦28,750	From ₦11,500

How Adaka handles each

For wills, your Adaka lawyer drafts the document based on your instructions, then provides clear written guidance on how to execute it correctly — including which witnesses must be present and how to sign.

For affidavits, your lawyer drafts the statement and can arrange virtual swearing before a Commissioner for Oaths, so you don't need to travel to a courthouse.