Re- Examining the Concept of a Valid will in Nigeria

Abstract

A will is a legal document executed by a testator, expressing his or her wishes as regards the means by which his or her property is to be distributed upon their demise, they are often required to name one or more persons (the executor), to manage the estate pending its final distribution. A deceased person may choose to leave a gift for people outside his relation or for charity in his will but this might not be possible if such deceased person did not leave a will. In making of a will, certain problems may arise most especially if the will was drafted by a non-lawyer, the testator may fail to sign the will, the person who drafted the will may handwrite only certain portions of the will or may fail to have witnesses as required by law even when witnesses are present they may be persons who by law should not attest to the will such persons include any beneficiary of the will. A will is like an umbrella, it covers all kinds of property, imaginable and unimaginable assets such as copyright, patent, and right to trade mark, movable and immovable property. This aim of this paper is to re- examine the importance of a will and the ingredients that must be present before a valid will can be birthed. This paper further re- examines the elements for a valid will, the procedures for its execution, amendment and revocation in Nigeria. This study adopts a doctrinal method of research in x-raying the concept of a will. This paper advocates the need for individuals to draft a will especially individuals in polygamous families, as will reduces the incidence of conflict which arises when sharing a deceased person’s estate among family members.