Good evening. I don’t know if this is the right section, but I’ll appreciate it if this is pushed to front page to allow those who are knowledgeable of the Nigerian Law concerning if remarriage invalidates an existing will

First I’d like to let you know that I have a friend whose mum statutorily married a man ( divorced with 3 kids). Before remarrying him, he had a will in which his kids were his beneficiaries to his estate. Unfortunately, he died early this year without updating his will.
Note that she has been living with him on his property for more than 10 years now and she is legally married to him
Now can the kids who are beneficiaries claim the entire estate while excluding the new wife or send her packing?
Thanks as I look forward to your comments

Cc: lalasticlala
Cc: ishilove

Hefy4real:
Good evening. I don’t know if this is the right section, but I’ll appreciate it if this is pushed to front page to allow those who are knowledgeable of the Nigerian Law concerning if remarriage invalidates an existing will

First I’d like to let you know that I have a friend whose mum statutorily married a man ( divorced with 3 kids). Before remarrying him, he had a will in which his kids were his beneficiaries to his estate. Unfortunately, he died early this year without updating his will.
Note that she has been living with him on his property for more than 10 years now and she is legally married to him
Now can the kids who are beneficiaries claim the entire estate while excluding the new wife or send her packing?
Thanks as I look forward to your comments

Cc: lalasticlala
Cc: ishilove

The kids can benefit Will or no Will but they can not validly claim the whole estate.

Dtruthspeaker:


The kids can benefit Will or no Will but they can not validly claim the whole estate.

Thanks so much for this. I learnt that the eldest son has started executing the last will and testament. In fact, he has fixed an appointment with the probate court to come with some officials to evaluate the estate. Probably to know the value and sell off.
What advice can you give please concerning this?

There is no advice. If the deceased didn't update his will, there's no recourse for the widow....it will be nice, morally if tje beneficiaries give something to the widow however she isnt legally entitled to anything.


Myself for example, my hubby and i have individual life insurance policies, i also have a few assets in my name that i put in a trust for our children. After extended family burnt Oga's hands, the only asset he has was amended and added to the trust i created for my kids.

My insurance policy in case of my demise is split equally between oga and the kids with 10% going to my mum (if she survives me).
Oga's policy is also split 50% to me and the rest to the kids with a small percentage to his parents (should they survive him).

We both know that should anyone of us die, our kids won't worry for money but also, neither I nor Oga will be bothered about another person coming to come and chop/inherit properties we individually and collectively worked for, for our kids.

Remarry if you may but work and keep things for ur children

It's the deceased will and should be honored. One can't blame the children, the wife, or the deceased.

Hopefully, the kids will be nice to the wife and give her something.

Hefy4real:

Thanks so much for this. I learnt that the eldest son has started executing the last will and testament. In fact, he has fixed an appointment with the probate court to come with some officials to evaluate the estate. Probably to know the value and sell off.
What advice can you give please concerning this?

Here is where you require a Lawyer because you will need to go before the Probate Judge and other processes.

Thanks a lot.
I know of laws in some countries, where marriage invalidates previous will. But I don’t know if that law is applicable in Nigeria. Anyway, I know that the wife is entitled to some percentage since she is the next of kin.

keepingmum:
There is no advice. If the deceased didn't update his will, there's no recourse for the widow....it will be nice, morally if tje beneficiaries give something to the widow however she isnt legally entitled to anything.


Myself for example, my hubby and i have individual life insurance policies, i also have a few assets in my name that i put in a trust for our children. After extended family burnt Oga's hands, the only asset he has was amended and added to the trust i created for my kids.

My insurance policy in case of my demise is split equally between oga and the kids with 10% going to my mum (if she survives me).
Oga's policy is also split 50% to me and the rest to the kids with a small percentage to his parents (should they survive him).

We both know that should anyone of us die, our kids won't worry for money but also, neither I nor Oga will be bothered about another person coming to come and chop/inherit properties we individually and collectively worked for, for our kids.

Remarry if you may but work and keep things for ur children

Lol �
The will was made when he had no intention of remarriage, so he had no option than to add his next of kin which is his son as the beneficiary.
After marriage he was in the process of modifying it but couldn’t do so until is untimely death

The man's will is binding.
In the will he would have named an executor.
It is only this executor that is entitled to go for probate.
The woman will get nothing, as the man's will is binding.
Sorry but the man should have made a new will.

Hefy4real:


Lol �
The will was made when he had no intention of remarriage, so he had no option than to add his next of kin which is his son as the beneficiary.
After marriage he was in the process of modifying it but couldn’t do so until is untimely death

10yrs is a long time to amend a will. The widow should start making plans to fend for herself rather than sit down and throw a pity party expecting hand outs from the beneficiaries

keepingmum:


10yrs is a long time to amend a will. The widow should start making plans to fend for herself rather than sit down and throw a pity party expecting hand outs from the beneficiaries

The unfortunate truth. Let's hope the man's kids are nice enough to give her something or the man had aquired other properties in the widow's name and not mentioned in the will within the last 10yrs. It is well.

By the way,hope she has her own assets sha....I still find it shocking when I see women totally dependent on their husbands. It is well.