A will is a written legal testamentary document executed by an individual that contains how his or her assets or properties will be administered after death. A person making a will is called the testator. A will can also be defined as an embodiment of the last wishes of a testator. Wills are sometimes seen in some societies with superstitious beliefs and are sometimes frowned at. However, the reality that confronts every man is the unpredictability of death, hence the need for everyone to ensure they put in place how their loved ones will be catered for after their death in order to eliminate fights and friction when they are gone. It is safe to state that a will is a written document meant to facilitate the administration of the estate of the deceased.
REQUIREMENTS FOR THE VALIDITY OF A STATUTORY WILL IN NIGERIA
1. A will must be in writing and signed.
2. A testator must be at least 18 years of age.
3. There must be at least two witnesses who cannot be beneficiaries of the will.
4. The testator must be of sound mind and free will.
5. The testator must also believe the will is about the execution of his wishes after death.
LAWS REGULATING WILLS IN NIGERIA
The applicable laws in Nigeria are statutory laws, customary laws, and Islamic laws. However, Islamic and customary laws have their own systems different from the statutory system. Section 8 of the Wills Act 1837, states that a will must not be witnessed by a beneficiary except where he or she is the spouse of the debtor. Furthermore, a will obtained in a foreign jurisdiction or outside a state in Nigeria must be re-sealed. This re-sealing is subject to assets found in that jurisdiction.
CONTENT OF A WILL
A will must contain the name, the details of the testator and administrators, and the details of the beneficiary or beneficiaries, as the case may be, the particulars of assets and liabilities, and the details of witnesses. Any addition to a will is called a codicil. A will is not a finite instrument. It can be reviewed from time to time by a testator. A copy of a statutory will is kept in the probate registry after registration; copies can also be kept in a safe deposit, a bank safety box, with a trusted friend, or with a lawyer. A person who dies without a will is said to have died intestate, while a person who dies with a willed testate. Dying without a will is capable of breeding conflict where loved ones might incur huge legal costs to actualize their own wishes. Anyone can write a will, but the dynamics of a statutory will are better understood by a lawyer who has been trained and equipped with the requisite legal knowledge and who will also ensure your will is better implemented according to your last wishes.
For more insight, feel free to contact Oluwaseun Alabi at: seunalabi@sealchambers.com or at info@sealchambers.com
