WILL; RIGHT OF CHILDREN OF A BENEFICIARY IN A WILL

We have discussed Wills earlier on this blog, if you have been following us you would have read and understood the concept of Wills, the capacity to make a Will, validity and what vitiates a Will. If you have not read it i will advise you do.

We shall be discussing gifts in a Will and beneficiaries but this is dedicated to orphans or those who have lost either parents and whose gift under the Will is not properly shared.

Morally, one of the most recognized charity by God is taking care of orphans, but the society we are today the opposite is the case , if you will not do this then try not to take or deprive them of what rightly belong to them, with or without Will we know what to do and what not to do.

Gift are movables or immovable, they are referred to as legacy or legacies. There are different types of gifts under the Will; they may be general gifts, specific gifts, and pecuniary gifts.

Specific gifts are those gifts given without doubt as to its identity, general gifts are gifts that cannot be specifically identified, and pecuniary gifts are primarily gift of money.

The law states that where a beneficiary under a will die leaving a child or children behind his gift under the Will goes to his own children, it is immaterial that he predecease the testator (owner of the Will). The gift automatically goes to his children.

Section 24 of Wills Law of Lagos state says that where a person being a child of the testator who has disposition in his favour dies in the life time of the testator, but has a child or issue who is living after the death of the testator, the disposition of the person shall not lapse. Rather it shall take effect as if the death of the person had happened after the death of the testator.

The doctrine means that the beneficiary is deemed or presumed to have died immediately after the testator and thus make the gift the absolute property of the beneficiary for which he can pass if after his death to his child(ren)

Also Section 26 of Abia state Wills law provides that where any person being a child of testator for whose benefit a disposition shall be made for any interest not terminable at or after the death of such person, shall die in the lifetime of the testator leaving any such person, living at the time of death of the testator, unless a contrary intention shall appear by the Will.

What then is the fate of a child of beneficiary where there is no will is in place, that is why we have decided to educate people as we have always done, on the need to have a will.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL