“If you truly love your family, write your Will. Those family and friends may not be as good as you think.”
I posted the above on my WhatsApp status, and many people asked: Who can actually make a Will? Let’s talk about it.
A Will is the legal expression of an individual’s wishes concerning the distribution of his or her property after death. It is a document by which a person directs how his/her estate should be managed and shared upon death. In simple terms, it is a declaration made in a prescribed manner of what a person intends to take effect upon or after death.
A Will is a confidential document. It is kept away from the knowledge of beneficiaries until the death of the testator. This is why it is often sealed and deposited with the Probate Registrar of the High Court of Justice. Strict confidentiality is key.
Many of us have heard stories of families suffering after the death of a bread winner and these stories are real. Failure to write a Will often leads to disputes, bitterness, and prolonged legal battles within families. Sadly, many people still do not take the writing of a Will seriously.
It is important to note that writing a Will is not a gender issue. The real-life cases I have handled recently as a lawyer strongly inspired this write-up.
WHO CAN MAKE A WILL?
By virtue of Section 1 of the Wills Act 1837, it is lawful for every person to devise, bequeath, or dispose of all property real or personal by a Will, provided it is executed in the manner prescribed by law.
Simply put, every adult who is 18 years and above is legally qualified to make a Will.
NB: The maker of a Will is called a testator.
WHAT IS THE PURPOSE OF MAKING A WILL?
The primary purpose of a Will is to allow a property owner to determine how their affairs should be arranged after death. This includes deciding who inherits their property or succeeds them.
See the case of IDEHEN v. IDEHEN (1991) 6 NWLR (Pt. 198) 382.
The law is settled that anyone who wishes to make a Will must strictly comply with the legal requirements; otherwise, such a Will could be declared invalid.
STATUTORY REQUIREMENTS FOR A VALID WILL
Under Section 9 of the Wills Act 1837, the following conditions must be met:
1. The Will must be in writing.
2. It must be signed by the testator.
3. The Will must be signed by the testator in the presence of at least two witnesses, present at the same time. The two witnesses do not have to know the content of the Will, they are only to witness that the testator signed in a convenient environment with sound mind.
4. Each witness must attest and sign the Will after the testator’s signature, and in the presence of the testator.
See SOKALE & ANOR v. SOKALE & ORS (2021) LPELR-56360 (CA).
Death does not ask for permission. Love alone cannot protect your family.
Do the needful. Get a Lawyer to write your Will.
Mercy T. Abudu, Esq.