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Legality Of A Wills In Nigeria. - Family - Nairaland

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Legality Of A Wills In Nigeria. by Treash(m): 8:19pm On May 05, 2020
Treash:
A woman was referred to me sometimes in 2017 who briefed me on her intention to prepare a Will due to the attitudes of the grown up children. After several discussion, we scheduled a further meeting so I could obtain her instructions and act accordingly after which I was informed she was on sick bed. I visited her at home and discussed the previous issue but she promised to definitely get back to me immediately she recovers; alas she died two weeks after without a Will. She left houses, and businesses in the hands of disputing children; hence my thought on Proverbs 13:22.

A Will is a written statement made by someone (usually called Testator) indicating how his properties should be disposed on his death. The Nigeria law requires that any person who has attained the age of 18 years is capable of making a Will, so far as such person is mentally capable (of sound mind) of making a Will. The blind, deaf, old men and women, crippled, Muslims, and other persons suffering from physical disabilities are within the categories of people who can make a will. Therefore, making a Will is not "death wish". One of the essences of Will is to avoid future disputes after death; it also reduces cost of tax and charges if Will is not made.

Wills can either be oral, privilege, customary or statutory. Customary Will needs not be made in writing, depending on the personal customary practice of the testator. But if it's made in writing, it must conform with the provision of the law, such as:
�the Will must be made in the presence of at least two witnesses, except "Privilege Will". A privilege Will is a Will made by members of the armed forces.
�the witnesses or their spouses must not benefit from the Will, so that the other partner will not know that he/she is a beneficiary; a Will is confidential. The exception is that if the Will is made before the witness got married to his/her partner.

Barr Ayo Adeolu Aderinto.

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Re: Legality Of A Wills In Nigeria. by Treash(m): 8:36pm On May 06, 2020
Treash:
Custody of Wills.

It must be noted that, immediately testator executes his Will and duly attested to in the presence of competent witnesses (it is advisable the witnesses to be appointed should be younger in age than the testator), the testator is at liberty to keep his Will in any of the following places.

With the Probate Registry of the court.
In custody of the testator's solicitor.
In a bank.
He may decide to keep it in his private home, void of intrusion.

It is advised to keep it in the probate registry which is located in every high court premises. Usually, the testator appoints an executor in the Will whose duty is to manage and administer the estate of the deceased until it is validly given to the beneficiary. Executors also generally carry out the wishes of the testator as stated in the Will and hold property in trust for the beneficiaries when necessary (for example, where the beneficiary is a minor).

Where the Will is kept at the registry, the solicitor is to write to the Probate Department, informing them of the death of the deceased and attaching the death certificate as proof. This must be at least 7 days after the occurrence.

Upon confirmation of the existence of the Will, the probate registrar sets a date, time and location with the solicitor and concerned parties to unseal and read the contents of the Will to the parties in Court. The parties present must confirm that the Will was sealed before its contents were read out.

Adeolu Ayo Aderinto.

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Re: Legality Of A Wills In Nigeria. by Dtruthspeaker: 8:55am On May 07, 2020
Mmm! Natural Law has perfectly taken care of all these things you raised including those things you did not address.

For by virtue of Natural Law, every person can dispose his property in any way and manner He so pleases.

And no one has a right to restrict or interfere with his Natural Right, unless the good of such interference is greater than the Right granted by Natural Law.

So the 18yr old man-made instruction you stated, already falls, among all the other man-made instructions which fall against the Just and Right dictates of Natural Law
Re: Legality Of A Wills In Nigeria. by Treash(m): 12:42pm On May 09, 2020
One of the factors that gives validity to a Will is the ability of the testator to be of "Sound mind". Sound mind simply means the testator must not be suffering from any form of mental delusion, either by drunkenness, insanity or any other form. There are three criteria for ascertaining whether a Testator had the requisite disposing mind for making a Will:

�The Testator must ascertain the nature and effect of the Will.
�The Testator must be able to properly identify all the properties constituting his estate which he is giving out.
�The Testator must be able to identify the object of his bounties; that is he must identify all his beneficiaries.

One of the most important things to provide for in your Will are who will be your executors and who will be the beneficiaries of your assets. You should consider who you want to be the executor of your Will (the person that your Will appoints to manage and distribute your estate). The executors will be in charge of carrying out your wishes, so they should be responsible and trustworthy. It is preferable that you appoint two people to be executors, in case one of them dies before you do. It is advisable that before a testator gives out his properties to beneficiaries, indebtedness must be settled the otherwise with may affect the proprietary or otherwise of the gift.

Barr. Adeolu Ayo Aderinto
Credit: Lawyers chronicles.

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