AN ANALYSIS OF THE LAW OF WILLS AND TESTAMENTARY DISPOSITIONS

ABSTRACT

Most issues on what happens to property at death center around wills or testamentary dispositions and probate, as these devices have been the primary means of disposition of property after death in Nigeria for decades. Basically, a will is an act by which a person determines the disposition of one’s property after one’s demise. At English law, a more encompassing designation is that it is a declaration of intention of a person to dispose off his property by way of a gift or will which is not to take effect unless after his/her death. In order to pass property at death, a person’s testamentary disposition, having passed through other tests of validity, must also go through the process of probate. Probate constitutes the court-supervised, statute- directed proceeding which the will is passed through, during which the will is proved to be the valid last will of the testator, the testator’s bills are cleared, any disputes are resolved between contesting parties and the testator’s property is finally distributed to the beneficiaries enumerated in the will.

In its first chapter, this project examines the evolutionary course of the device known as a will. Its features or characteristics are considered, as well as acknowledged benefits and drawbacks associated with the making of wills . The essential formal requirements for the validity of wills forms the kernel of the research work which is encapsulated in its second chapter, hence details such as signature and attestation are examined in chapter two. It further tackles the issue of testamentary capacity in chapter three. Here capacity is assessed in the light of age, mental disposition, coercion or undue influence, fraud as well as the special position of married women. In addition, some intricate problems that have arisen over time in relation to the enforcement of wills, such as insolvency, inheritance rights at customary law, dissolution of marriage and others are considered. Finally, recommendations are made based on the conclusive findings and solutions proffered where required.
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