A Nigerian female lawyer, Gift Samuel, has offered advice to men regarding how they can safeguard their properties in the event of a divorce. According to her, any man who loses part of his assets to a woman after a separation has not acted wisely.
In a post shared on her Facebook page, the legal practitioner provided practical steps men can take to prevent such outcomes. She recommended that men should consider placing their assets in the names of their children.
Her viral post read: “If a woman divorce you and takes part in your property, it means you’re not smart as a man. There’s something called irrevocable TRUST. Register in the name of your kids, it ceases to be part of a marriage property.”
Gift Samuel emphasized that such a trust must be established before entering into marriage, warning that any attempts to do so while facing divorce proceedings would likely be seen as an act of bad faith by the court.
In her words: “The only exception to this could be Timing. If you run to ‘the trust’ during your time of divorce, it will not be honored, it becomes a malicious step. If the trust was established BEFORE the marriage, it is more likely to be viewed as separate property. If it was created during the marriage and divorce period, it may be subject to division.”
Responding to inquiries about creating trusts prior to having children, she explained: “Trust must only be for children. No 2. Trust can be done without carrying the name of any child. 3. Trust can have more than one beneficiary and terms. It can be revoked and irrevocable. I can also say I want this Trust Nominee to hold my property for any child I have in future until they’re 18. If, paradventure I bear no child, my property should be given to charities and part of it to my brother. When that is the case, it doesn’t concern whatever the woman comes up with tomorrow.”
Mixed reactions trail lawyer’s advice
The lawyer’s recommendations sparked various responses online. Chima Eberechi commented: “I think the best way to avoid all the brouhaha that comes with divorce, is just to sign Pre-Nup before marriage.”
Blessing Ochanya Asinde added: “Kai this one no favour your fellow gender oh.”
Ejiga Godwin Jnr humorously asked: “What if the kids no be your own sef. Double wahala.”
Mitchell Chisom expressed concern, saying: “With it (property) being with the children it’s same as being with the woman cos she will definitely manipulaté the her way into the properties through the children.”
Background on trust law in Nigeria
Under Nigerian law, for a trust — whether revocable or irrevocable — to be considered valid, it must meet three essential conditions. As highlighted in Knight v. Knight (1840) 49 ER 58, these include:
- Certainty of Intention: The creator must clearly intend to form a trust.
- Certainty of Subject Matter: The specific property being placed in trust must be identifiable.
- Certainty of Objects: The beneficiaries must be clearly defined or ascertainable.
Legal precedents in Nigerian courts
Nigerian courts have ruled on various cases involving trusts. In Jolugbo & Anor v. Aina & Anor, the Court of Appeal affirmed that while trustees hold the legal title to trust property, the actual ownership belongs to the beneficiaries.
Similarly, in Ughutevbe v. Shonowo & Anor, the Supreme Court upheld the validity of a trust arrangement where a father bought property in his son’s name, establishing that the son held the asset in trust for his father.
