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Is Writing A Will Really Advantageous To Your Children ? - Family (2) - Nairaland

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Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 10:51pm On Aug 09, 2018
majekdom2:
charity... Orphans and less privileged.
Mtchewww
Radarada .
Re: Is Writing A Will Really Advantageous To Your Children ? by DollyBig: 11:16pm On Aug 09, 2018
Chidexter:


Pls how did u get letter of administration, did it take long and how much did u guys spend? ". Pls quote me and Goodluck with your pursuit

Its doesn't take that long. In Anambra is just few months. First go to probate Registry with the death certificate of the deceased with one of ur family members. A parent or sibling. A file will be opened. You will pay prefee of #1500. Then wait for ur gazette ie publication. This is obtained on the last Thursday of every month. Then will the gazette, you will take a letter to your local govt. Your local govt will give u a reply which u will bring back to probate then pay estate fee which in this state is 10% with some stamp duties. Then provide two credible sureties. That's all you have to do.
If you are in Anambra, come to state High court, opposite Ekwueme square. Ask of Probate then ask for publication section then say you are looking for a nairalander and I'll be there to help. Don't let people at the gate deceive you and swear affidavit for you o !

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Re: Is Writing A Will Really Advantageous To Your Children ? by toniro(m): 11:16pm On Aug 09, 2018
Yes o. Will is the way to go!
Re: Is Writing A Will Really Advantageous To Your Children ? by DollyBig: 11:26pm On Aug 09, 2018
ozodigboo:
Pls I need lawyers and experienced peeps to clear me.

Our Mum died a few years ago....of course, no Will. we obtained a letter of administration from the courts, and we got everything.

Last year, our dad died. His lawyer persuaded him dt a Will was the current way to go. While we the children hv no qualms with the content of the Will, we hv been told dt we can only hv access, if we get a probate grant.

Getting the probate grant has been the issue. we were told dt the courts will take 10% of everything spelt out in the Will. both property ( to be costed ) and money in the bank.
Is this true ?

Yes. You will have to get a probate for a Will. The probate registry will evaluate the properties and you will pay estate fee which is 10% of the value of the properties. That's for Anambra state. My advice is, if you guys don't have the money to pursue it and you're living in peace and there's no intention to sell the properties mentioned in the Will, then forget about getting the probate. If not, the executors should go and apply for probate. It's similar to Letters of Administration sha. You can even negotiate with the valuation officers. Best of luck
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 11:54pm On Aug 09, 2018
MrMcJay:
The benefits of writing a Will far outweigh it's demerits.

Writing a will helps you determine who gets what in your absence. Dying without a Will puts your estate (properties) at the whims of members of your family some of whom may not be intended beneficiaries of what they get.

Try to read Gani Fawehinmi's Will. That is the best Will in this country and they use it to teach Lawyers in Law School.
tell me more about thee Gani Fawehinmi's will please,I want to learn
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 11:59pm On Aug 09, 2018
LordOrochimaru:
Yes it is. I will come and explain in a bit.

#certifiedLawyer

Get a lawyer to advice you more. We school for 6 years so don't expect free advice all the time. Having sad this, it's your lucky day.

A will is important as it helps the testator determine who gets what after his demise. Basically he can determine how his estate is administered even in death unlike when there is no will and L.A has to be gotten by those who can apply.

Executors will generally find it easier to carry out the wishes of the testator after probate grant than when it's L.A that is gotten as their power is gotten from the will.

To not type too much, YES! 10% OF THE ESTATE GOES TO GOVERNMENT. IT IS MADE PAYABLE TO THE PROBATE REGISTRAR after accessment by probate officials. This is a condition precedent to the grant of probate. When you guys applied for L.A at the demise of your mom, 10% of her estate was paid as well (you may not have been told this though)

Getting a will is a must for every Nigerian irrespective of age. You can write one yourself but to avoid the long arm of the Wills law catching up with your will after your demise as well as certain other technicalities known to lawyers, CONSULT A LAWYER TO HAVE YOUR WILL WRITTEN.


GOODNIGHT
what is wills law and what is probate?
Re: Is Writing A Will Really Advantageous To Your Children ? by AreaFada2: 12:58am On Aug 10, 2018
Good thread.
Re: Is Writing A Will Really Advantageous To Your Children ? by lonelydora: 1:28am On Aug 10, 2018
trixandra:
Yes. But the money is not paid to the court. It is paid to the government. It's more like paying estate duty. The advantage is that should you want to transfer or sell any of the properties, you will not experience difficulty or extortion.

If you are a Lawyer, please PM.
Re: Is Writing A Will Really Advantageous To Your Children ? by MrMcJay(m): 2:00am On Aug 10, 2018
Lilisticlili:
tell me more about thee Gani Fawehinmi's will please,I want to learn

Check out the Will here

http://ganidelaw..com/2010/06/ganis-will.html?m=1

There are many interesting clauses in it. For instance, any child that goes to court to dispute the Will is automatically disinherited.
Re: Is Writing A Will Really Advantageous To Your Children ? by nonny400(m): 2:25am On Aug 10, 2018
BigSarah:
I've nothing useful to offer on this thread.
Wait I do check my
Signature

Lol. I laughed reading this.

1 Like

Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 3:02am On Aug 10, 2018
A will and testament has both its benefits and drawbacks, Yes it is a legal way for a testator to decide who gets what and who doesn’t so as not to make undeserving people or person be beneficiaries to what he has after his demise.

Asides the aforementioned there’s little or no use to a will, take for instance if you come from a single unit cohesive family that is void of squabbles and external influences, then a will necessarily isn’t important.

My arguments are these; why make a will if you come from such family, only to end up giving the government 10% of your estates including money in the bank? Baring in mind that as the testator you may have also been paying taxes to the government while alive, why pay in life and also in death?
For example if a testator leaves a will stating that none of his estates be sold and he has an estate valued at N200m and only has N10m in the bank as at time of death, if the family seeks to be granted a probate they will have to pay the government N20m Which is 10% of the testators estate.

This means the family will have to look for an additional N10m elsewhere, If its to be granted probate. The family not only looses the N10m in the bank they also have to pay an additional N10m to the government. For a family that has no means to such an amount it means the family will either be forced to sell or go and secure a loan from the bank to pay the government. This just doesn’t favor the family very much. It just simply implies that the will of a testator favors the government far more.

However it takes approximately 12-18 months from the day of filing for a probate to be granted. Why wait that long really? This means in those 12-18months if the family were sole dependent on the testator before his demise they’ll have to go hungry for that duration of time until the probate is granted.

I am not a lawyer and this are just my opinions on the matter, if i have gotten some of my assertions wrong I stand to be corrected.

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Re: Is Writing A Will Really Advantageous To Your Children ? by Blackadmiral(m): 3:48am On Aug 10, 2018
LordOrochimaru:
do you have sense at all? Type with facts and don't be a child. How do you know I am not a lawyer over a faceless forum? When its only 'yànsh' u have to offer from your dp, I can't expect anything less.


AND THE YANSH SELF NO FINE.

1 Like

Re: Is Writing A Will Really Advantageous To Your Children ? by hi3: 4:29am On Aug 10, 2018
LordOrochimaru:
Yes it is. I will come and explain in a bit.

#certifiedLawyer

Get a lawyer to advice you more. We school for 6 years so don't expect free advice all the time. Having sad this, it's your lucky day.

A will is important as it helps the testator determine who gets what after his demise. Basically he can determine how his estate is administered even in death unlike when there is no will and L.A has to be gotten by those who can apply.

Executors will generally find it easier to carry out the wishes of the testator after probate grant than when it's L.A that is gotten as their power is gotten from the will.

To not type too much, YES! 10% OF THE ESTATE GOES TO GOVERNMENT. IT IS MADE PAYABLE TO THE PROBATE REGISTRAR after accessment by probate officials. This is a condition precedent to the grant of probate. When you guys applied for L.A at the demise of your mom, 10% of her estate was paid as well (you may not have been told this though)

Getting a will is a must for every Nigerian irrespective of age. You can write one yourself but to avoid the long arm of the Wills law catching up with your will after your demise as well as certain other technicalities known to lawyers, CONSULT A LAWYER TO HAVE YOUR WILL WRITTEN.


GOODNIGHT
Wetin lawyer dey do self.....A lawyer that does not support writing a WILL, ebi lo ma pa
Re: Is Writing A Will Really Advantageous To Your Children ? by donqx: 6:12am On Aug 10, 2018
hmmm
Re: Is Writing A Will Really Advantageous To Your Children ? by ozodigboo(m): 7:16am On Aug 10, 2018
DollyBig:


Yes. You will have to get a probate for a Will. The probate registry will evaluate the properties and you will pay estate fee which is 10% of the value of the properties. That's for Anambra state. My advice is, if you guys don't have the money to pursue it and you're living in peace and there's no intention to sell the properties mentioned in the Will, then forget about getting the probate. If not, the executors should go and apply for probate. It's similar to Letters of Administration sha. You can even negotiate with the valuation officers. Best of luck
Thanks.
but that means that even though we're living in peace, and no intention to sell any property, if we forget probate, that means all the money n the bank is stuck.

moreover, even if we negotiate with the valuation officers, will the STATE agents not also negotiate with them to see if they can get the maximum so dt they share the balance ?
Re: Is Writing A Will Really Advantageous To Your Children ? by leksgcfr(m): 8:05am On Aug 10, 2018
Idrismusty97:
Interesting thread. Ok say i die for instance and i have a will, How would the interested parties(Lawyers, children, relatives) know about it? Because if i didn't tell you about my Will then i am just another dead guy whose relatives and outsiders will come fight for the property regardless of the will. I need clarification on this thanks.



One of the factors to consider before appointing Executors or Lawyers to write a Will is usually the age and health of these people.

Although we ain't God, who decides who lives long, it is advisable to appoint person who are much younger than the testator. Such person should also not be "far" from the testator, so that when death comes, he will be aware of the demise of the testator.

P. M for more exposition.
Re: Is Writing A Will Really Advantageous To Your Children ? by leksgcfr(m): 8:09am On Aug 10, 2018
I am not a lawyer and this are just my opinions on the matter, if i have gotten some of my assertions wrong I stand to be corrected. [/quote]


Whether you write a Will or not, you can't withdraw from the account of the deceased without the proper instrument of the law. That is where a Will or LOA comes in.
Re: Is Writing A Will Really Advantageous To Your Children ? by buzorcharles(m): 8:36am On Aug 10, 2018
Chidexter:


Pls how did u get letter of administration, did it take long and how much did u guys spend? ". Pls quote me and Goodluck with your pursuit
I ask my cousin lawyer for help. She got it all and I was to collect the money within a year.
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 9:08am On Aug 10, 2018
olusledge:
your family don divide you no know ....even people like oladeinde Fernandez wae be billionaire . will and property cause commotion

U people just de create billionaires online. Una don turn am to title.

1 Like

Re: Is Writing A Will Really Advantageous To Your Children ? by LordOrochimaru(m): 9:25am On Aug 10, 2018
Lilisticlili:
what is wills law and what is probate?
send me a PM and i will reply
Re: Is Writing A Will Really Advantageous To Your Children ? by williamzs889: 9:38am On Aug 10, 2018
There is a misconception about the role Wills play in a person's life. It is NOT an instrument for easing death or misfortune, it is an instrument for planning Life. It gives you the opportunity to cater for your loved ones by giving them what you want them to have if the unexpected occurred.
A Will is an Estate Planning Tool. It makes absolutely no sense to put in so much work acquiring your estate through hardwork and then have it stripped off your loved ones just because you failed to express how you want your estate to be shared between your loved ones.

A probated Will provides your Executor with the State's enforcement apparatus and legal backing to distribute your estate as specified in the Will.
Generally, people have found Will making difficult and expensive however with recent development [i.e the introduction of an estate planning platform called CARROT!] accessible on www.carrot.ng
you can:
1. Create your Will
2. They deliver copies of the Will to you to sign off with your witnesses through DHL
3. They pick up copies of the Will and help you lodge it at probate.
4. You also get 1m Naira Personal Accident Insurance Cover and 100,000 Medical Contribution Cover.
Its the easiest, most secure and convenient way to plan your estate without hassle.
Re: Is Writing A Will Really Advantageous To Your Children ? by Roon9(m): 10:10am On Aug 10, 2018
MrMcJay:
The benefits of writing a Will far outweigh it's demerits.

Writing a will helps you determine who gets what in your absence. Dying without a Will puts your estate (properties) at the whims of members of your family some of whom may not be intended beneficiaries of what they get.

Try to read Gani Fawehinmi's Will. That is one of the best Wills in this country and they use it to teach Lawyers in Law School.


Edited

Check out the Will here

http://ganidelaw..com/2010/06/ganis-will.html?m=1

There are many interesting clauses in it. For instance, any child that goes to court to dispute the Will is automatically disinherited.

Wow! What a man.
The whole thing felt like a scene from a block buster movie
Re: Is Writing A Will Really Advantageous To Your Children ? by Idrismusty97(m): 10:11am On Aug 10, 2018
leksgcfr:




One of the factors to consider before appointing Executors or Lawyers to write a Will is usually the age and health of these people.

Although we ain't God, who decides who lives long, it is advisable to appoint person who are much younger than the testator. Such person should also not be "far" from the testator, so that when death comes, he will be aware of the demise of the testator.

P. M for more exposition.
Alright thanks. You already clarify it enough.
Re: Is Writing A Will Really Advantageous To Your Children ? by oge4real(f): 10:53am On Aug 10, 2018
Roon9:


Wow! What a man.
The whole thing felt like a scene from a block buster movie

My brother, I read every word in the will! It’s made me think twice about writing my will as I have been postponing till I clock 40.

It’s much easier to complete a will here as one can just get a pre-paid package, complete the will and the go lodge same as per personal preference.

1 Like

Re: Is Writing A Will Really Advantageous To Your Children ? by williamzs889: 11:14am On Aug 10, 2018

Re: Is Writing A Will Really Advantageous To Your Children ? by Roon9(m): 1:46pm On Aug 10, 2018
oge4real:


My brother, I read every word in the will! It’s made me think twice about writing my will as I have been postponing till I clock 40.

It’s much easier to complete a will here as one can just get a pre-paid package, complete the will and the go lodge same as per personal preference.

You are absolutely right
Re: Is Writing A Will Really Advantageous To Your Children ? by olusledge: 8:20pm On Aug 13, 2018
PrecisionFx:

U people just de create billionaires online. Una don turn am to title.
it's a known fact ...before his death oladeinde Fernandez is a multi billionaire
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 10:42pm On Aug 13, 2018
olusledge:


it's a known fact ...before his death oladeinde Fernandez is a multi billionaire


Show proof of ur fact.
Re: Is Writing A Will Really Advantageous To Your Children ? by olusledge: 6:56pm On Aug 14, 2018
PrecisionFx:



Show proof of ur fact.
Google is your friend ... someone that was in a divorce case of over 150million pounds way back 2003
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 10:12pm On Aug 14, 2018
olusledge:

Google is your friend ... someone that was in a divorce case of over 150million pounds way back 2003

that still doesn't make him a billionaire.

the wife could easily be asking for 50% of his entire worth. It's constitutional in most liberal countries, especially in the west.
Re: Is Writing A Will Really Advantageous To Your Children ? by olusledge: 1:11am On Aug 15, 2018
PrecisionFx:


that still doesn't make him a billionaire.

the wife could easily be asking for 50% of his entire worth. It's constitutional in most liberal countries, especially in the west.
150million pound divorce means he owns at least 300millions ...lol this man dosent own mansions he owns castle ..Google is your friend
Re: Is Writing A Will Really Advantageous To Your Children ? by Nobody: 7:05am On Aug 15, 2018
olusledge:
150million pound divorce means he owns at least 300millions ...lol this man dosent own mansions he owns castle ..Google is your friend


So wen did 300 million dollars turn to billion dollars. is Google ur enemy?

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