₦airaland Forum

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.

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.