WILL AND TESTAMENTS

HAVE YOU MADE YOUR WILL? I am not ready to die, are you wishing me death? Oh! You were sent by my village people etc These are the answers you get for asking a typical Nigerian whether he or she has drafted his WILL.

In order not to be one of many that would most likely answer with such, please sit back and read why you need a WILL.

What is a WILL? A WILL is an arrangement made to ensure that the properties devolve on his heirs according to his express wishes and directives. A WILL helps a person to determine what happens to his properties after his death: it also helps him to give any instruction he may wish to be carried out if he is no longer alive.

Who can make a WILL? Any person of full legal age and the right mental capacity can make a WILL, A legal age to make a WILL is Age 21 though this varies from state to state for example in Oyo State the legal age to make a WILL is Age 18, therefore anyone considered an adult can draft a valid WILL. Mental Capacity simply means a person of sound mind (lunacy) can not make a valid WILL. This is because anyone who makes a WILL must understand the nature of the act and its effect.

There are several advantages of making a WILL,  a person who makes a WILL has avoided the problem of  intestacy because where there is no valid WILL , the estate of the deceased shall be governed by the rules of intestacy i.e Customary Law of the deceased , in this case a person whom the deceased may not wish to benefit from his estate may gain from it , while those whom he may desire to benefit may be deprived from the estate.Also, the testator has the opportunity to make positive demonstration of his wishes and desire  for example to say where and how to be buried .........the list is unending.

Do you also know that a WILL  is testamentary in nature as it speaks from the grave, it is capable of being changes as many times as you want for as long as you live, it is also a voluntary act of a testator, a WILL must be written, signed and attested to be valid .

NOTE: Anyone who has a thing worth protecting should make a WILL.

See you next week Monday................

Thanks

Oyenike Alliyu-Adebiyi