THE PREREQUISITES OF A VALID WILL; A CRITICAL ANALYSIS
ABSTRACT
The purpose of this project was to look in to different factors that makes a valid will, by researching on different case and of cause using the laws regarding Wills in the country I have been able to come up with an impeccable research paper.
From the results gathered there is a need to further enlighten the public concerning matters like this in other for better communication from the testator who is the creator of the will and to whom who he deems fit to add to his Will .
Truth be told in a country like Nigeria people don’t like to make much emphasizes on the concept of will making but yet one of the most regular issues dividing families till today is inheritance of a deceased property now the focus of my work will try its best to eliminate such issues and also find a meaning full way for the testator to share his properties in the way he deems fit and also lawful as well.
CHAPTER ONE
1.1 Introduction
The concept of WILLS is of great importance. This concept originated from the Roman Law and was passed on to English Law from where the nations of the Commonwealth accepted it as part of the received English Law. Its origin lies in the fact that it was thought highly desirable to actualize the intentions of a dying person as a legal and binding obligation. The testator is the person who came to make a will. The executor is the person(s) to carry out those will. And lastly, the beneficiaries are render a will are known as CESTIUS QUE TRUST.
Without doubt a person(s) will be concerned about properties he owns and that he naturally wants to know what will happen to their properties when he/ she dies. Normally, he will want to provide for his family and one certain way of doing so is that his houses, farms etc should descend to his loved ones after his death. It is from a Will therefore, that the properties owner’s dream will be realized. And for the Will to be enforceable, it must be in accordance with the stipulated requirements of the law.
1.2 Background Of The Study
The importance of Wills in the life of people cannot be overestimated. Death is an inevitable end of earthly life. We are living witnesses to the destruction of family units at the end of the patriarch’s life due to disagreement over inheritance of the deceased estate. Homes have been broken and scattered, children and relations have become mortal enemies in their struggle to share the properties of the deceased.
While it may be true that because of the feud and unending litigation that sometimes attend some Wills, some of the people have become scared about Wills, the overwhelming majority are thirsty for knowledge about Wills. They want to know why they ought to make Wills and their advantages over other manners of disposition of property in consideration of death. This research work is meant to be a guideline on how to make Wills that will stand the test of time and also create awareness in the populace about the importance of Will so as to reduce the unnecessary issues that arise at the demise of a person without leaving a Will giving directives as to how to share his property.
1.3 Focus Of The Study
From the foregoing, it can be said that a Will is a testamentary document enforceable, protected and binding at law. Generally, a WILL must be in writing and must be executed in a mode prescribed by statute. In some limited instances, an oral Will may be valid depending on state law. Although the language of a Will is largely immaterial, a valid disposition of property requires cerainty as to the property and the individuals or entity receiving the property. No prescribed form is required for a Will and it is not essential validity of the Will for the Will to dispose of all of the testator’s estate. The study focused on the practice in Nigeria particularly in the south western region.
1.4 Aim And Objectives Of The Study
The broad aim of the study is to critically analyze the writing of a Will and its effect/importance on the society. The specific objectives are:
- To trace the origin of Will making in Nigeria
- To discuss the importance of Will making in Nigeria
- To critically analyze the legal framework for Will writing in Nigeria with the motive of giving viable recommendations
The general nature of a will, types of will and advantages of a will.
To make a valid Will, a person must be in his or her right mind. A person also must be of full age, that is to say, be twenty-one years old, and must state his wishes in writing, signed by himself and attested by two witnesses, who sign their names at the foot or end of the document in his presence and in the presence of each other. The witnesses too must be of full age and in their right mind. Thus, in an indirect way, the impactiality of the witnesses is as far as possible ensured.
The interpretation of Wills has given rise to untold litigation, and the rules and principles that have been developed in the resultant case law fill many volumes of abstruse and intricate doctrine. The main legal problem therefore centers around the animosity that flows from different interested parties who appear to be aggrieved because of the content of the Will thereby giving rise to different interpretation of the Will.
1.5 Scope Of The Study
The scope of this research work is to enunciate more on Wills, and also lay down the essential factors that will make a Will valid, or invalid. These factors shall be critically examined.
Will making remains a popular and even necessary practice because the old law of intestate succession was felt to be unsatisfactory? To make a valid Will, a person must be in his or her right mind. A person also must be of full age, that is to say, be twenty-one years old, and must state his wishes in writing, signed by himself and attested by two witnesses, who sign their names at the foot or end of the document in his presence and in the presence of each other. The witnesses too must be of full age and in their right mind. Thus, in an indirect way, the impactiality of the witnesses is as far as possible ensured.
While it may be true that because of the feud and unending litigation that sometimes attend some Wills, some of the people have become scared about Wills, the overwhelming majority are thirsty for knowledge about Wills. They want to know why they ought to make Wills and their advantages over other manners of disposition of property in consideration of death. This research work is meant to be a guideline on how to make wills that will stand the test of time.
1.6 Research Methodology
Primary and secondary sources of information were used. The primary sources being the statutes and judicial precedence and the secondary sources which data collection for the purpose of this research work is wholly from library work which comprise a search in textbooks, journals and jurist opinion.
CHAPTER TWO
2.0 Literature Review
2.1 Introduction
The review of relevant literature is the main topic of this chapter. A literature review covers theoretical and methodological contributions to a certain issue in addition to the state of knowledge at the time of writing. It provides information about the state of the art in relation to the subject you are writing about. It examines the body of work on the chosen subject. The literature evaluation in this study comprises the …
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