ATTENTION:
BEFORE YOU READ THE CHAPTER ONE OF THE PROJECT TOPIC BELOW,
PLEASE READ THE INFORMATION BELOW.THANK YOU!
INFORMATION:
YOU CAN GET THE COMPLETE PROJECT OF THE TOPIC BELOW. THE FULL
PROJECT COSTS N5000 ONLY. THE FULL INFORMATION ON HOW TO PAY AND GET THE
COMPLETE PROJECT IS AT THE BOTTOM OF THIS PAGE. OR YOU CAN CALL: 08068231953, 08168759420
THE PREREQUISITES OF A
VALID WILL; A CRITICAL ANALYSIS
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.
A Will therefore is three-pronged thus:
TESTATOR
BENEFICIARIES
EXECUTORS/TRUSTEES
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.
1.4 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.
1.5 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.
1.6 LITERATURE
REVIEW
WHAT IS A WILL?
Generally, the word “WILL” may mean an instrument, or it may
mean all the testamentary document by which a testators property is disposed
off, or devised.
According to Osborne,[1] a Will is a disposition by which the
person making it (the testator) provides for the distribution or administration
of (his) property after his death. It is always revocable.
A Will according to Swinburne2 is a lawful disposition of
that which any would have done after his death.
Black Stone3 defines the Will as “The legal declaration of a
man intention which he Wills to be performed after his death”.
The celebrated nineteenth century English writer Jarman4
says:
A Will is an instrument by which a person makes a disposition
of his property to take effect after his decease, and which is in its nature
ambulatory and revocable during his lifetime.
In the words of P.T. Afangideh5, a WILL is a legal instrument
for the transfer of property or obligations from the testator to the
beneficiaries through the medium of Executors, which transfer is ineffectual
until the death of the testator. A WILL therefore, is a law, a decree, a
testament made by the testator on matters touching and concerning his estate,
family and future.
WILLS according to the Blacks Law Dictionary6 is defined as a
document by which a person gives his or her estate to be distributed upon
death.
A WILL is a creation of statute. For it to be valid, it must
comply strictly with the provisions of the relevant statute. The courts are
strict in the observance of statutory prescriptions on Wills.
Scarman J. in Re Fuld (Deceased)7 clarifies the position
succinctly as follows:
Darkness and suspicion are common features in WILL cases:
Because it is often difficult, and sometimes impossible to discover the truth,
the law insists on two types of safeguards in WILL cases. The first type of
safeguard is part of the substantive law – the requirements of proper form and
due execution. Such requirements …are no mere technicalities. They are the
first line of defence against fraud upon the death. The second type of
safeguard is the second line of defence. It is invoked when there are
circumstances which give rise to suspicion: it is the safeguard of strict
proof. In case where no suspicion reasonably arises, the court will allow
inferences, presumptions as they are sometimes called, to be drawn from the
regularity of a testamentary instrument upon its face, or the fact of the
execution. But if there are circumstances, whatever be their nature, which
reasonably give rise to suspicion, the court must be on its guard. It must
ensure that the burden of proof rests upon the party propounding the WILL: and
he must satisfy the conscience of the court that the instrument so propounded
is the last WILL of a free and capable testator”.
Over the years, the courts had devised as indicated above by
Scarman J, a long line of authorities to ensure that no fraud was perpetrated
against the wishes of the testator and, in fact, the WILL was made by him
voluntarily when he possessed full capacity to make it.
In summary, a WILL will be given a working and functional
definition which will graphically bring out and bear out the dictum of his
Lordship in the aforementioned case thus:
It is a testamentary and revocable document, voluntarily
made, executed and witnessed according to law by a testator with sound
disposing mind wherein he disposes of his property subject to any limitation
imposed by law and wherein he gives such other directives as he may deem fit to
his personal representatives otherwise known as his executors, who administer
his estate in accordance with the wishes manifested in the WILL.
HOW TO GET
THE FULL PROJECT WORK
PLEASE,
print the following instructions and information if you will like to order/buy
our complete written material(s).
HOW TO
RECEIVE PROJECT MATERIAL(S)
After
paying the appropriate amount (#5000) into our bank Account below, send the
following information to
08068231953
or 08168759420
(1) Your project topics
(2) Email Address
(3) Payment Name
(4) Teller Number
We will send your material(s) immediately we receive bank alert
BANK
ACCOUNTS
Account Name: AMUTAH DANIEL CHUKWUDI
Account Number: 0046579864
Bank: GTBank.
OR
Account Name: AMUTAH DANIEL CHUKWUDI
Account Number: 2023350498
Bank: UBA.
HOW TO
IDENTIFY SCAM/FRAUD
As a result of fraud in Nigeria, people don’t believe there are
good online businesses in Nigeria.
But on
this site, we have provided “table of content and chapter one” of all our
project topics and materials in order to convince you that we have the complete
materials.
Secondly, we have provided our Bank Account on this site. Our
Bank Account contains all information about the owner of this website. For your
own security, all payment should be made in the bank.
No Fraudulent company uses Bank Account as a means of payment,
because Bank Account contains the overall information of the owner
CAUTION/WARNING
Please, DO NOT COPY any of our materials on this website
WORD-TO-WORD. These materials are to assist, direct you during your
project. Study the materials carefully and use the information in them to
develop your own new copy. Copying these materials word-to-word is CHEATING/
ILLEGAL because it affects Educational standard, and we will not be held
responsible for it. If you must copy word-to-word please do not order/buy.
That you ordered this material shows you have agreed not to copy
word-to-word.
FOR MORE
INFORMATION, CALL:
08068231953
or 08168759420
AFFILIATE
LINKS:
Comments
Post a Comment