A CRITICAL ANALYSIS OF THE PREREQUISITE OF A VALID WILL

CHAPTER ONE

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 wishes of a dying person as a legal and binding obligation. This involved the person who came to make a wish which was later named the TESTATOR as well as the person(s) to carry out those wishes who came to be known as executor(s). And lastly, it involved those who had to benefit from those legacies, being simply called the beneficiaries or more technically referred to an CESTIUS QUE TRUST. 

It is beyond dispute that one great concern of a property owner is that he naturally wants to know what will happen to his property when he dies. Ordinarily, he will want to provide for his family and one sure way of doing so is that his houses, farms etc should descend to them after his death. It is from a Will therefore, that the property owner’s dream will be achieved. And for the Will to be enforceable, it must be in accordance with the stipulated requirements.

1.1 THE LEGAL PROBLEM  

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 impartiality 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.

1.2 STATEMENT OF THE PROBLEM

Research has found that there are so many people eager to know more about Wills. The thirst for knowledge about Wills is on the increase. A property owner will naturally want to know what will become of his property after his demise, and ordinarily would want to cater for his remnants after his demise. This will lead to a preparation of a Will.

It is not enough for a Will to be made because some Wills could be declared invalid based on certain inconsistencies (this will be shown in further discuss). Therefore, to have a Valid Will, one must have in mind the requisites of a Valid Will.

RATIONALE AND JUSTIFICATION OF THE STUDY

The importance of Wills in the life of a 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. 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.

SCOPE AND LIMITATION 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 analysed critically. This work centers on its scope and is limited to that.

DATA COLLECTION AND METHODOLOGY

Data collection for the purpose of this research work is wholly from library work which comprise a search in textbooks and jurist opinion.