Cheffdbelove

Dancer : Mercy Here, An Optimistic Chemical Engineering Student . A Perfect Graphics Designer ,forex Trader , Info Marketer, Idea Analyst. I Offer Services At Exclusively Low Expense 😀., Inorderwords, Ur Satisfaction Is What Matters, I Don't Prioritize My Services To Making Money Alone Inasmuch As Money Is Life Edge I Tend To Prioritize More In Satisfying My Customers That Thought It So Good To Patronize My Economy.. U Can Follow Me Up For More Designs And Lots More Info; Twitter Account@chiechefulamu, Facebook@mercy D Belove, Instagram@mercheff Dbelove .It's Nice Meeting You.,I Still Remain The Friend You Met 😊 Remember All My Designs Are As Low As 500naira Inclusive Of Choosing Business Name,logo Buh Doesn't Apply To Banner.

Wants to meet Work Partners : Promoters Of One Effort, Same Visualization, Idea Planter's.

Articles
57
Followers
18

profile/86981692279727461.jpg
Cheffdbelove
WILLS And TESTAMENT
~3.7 mins read
               WILL
Meaning and nature of will
A will is an arrangement of statement of a person on how the property and possessions get shared when he's off the mortal being.
It is not necessarily the documents that is the will;it is the wishes that the person had compiled to be distributed making it reflect as the will.The will determines what happens to a persons property after he passes on.the supreme Court noted that a will has two distinct meanings.The first meaning is"metaphysical and denotes what the testator wishes, or wills to happen after his death.The second meaning"is physical and denotes the document or documents in which that intension is expressed. It is the declaration in a prescribed manner of the intensions of the person making it with the regards to matters with which he wishes to make effect upon or after his death.A will is sacrosanct because the wishes of the testators in the will are his last wishes and testament which applies to his declared estate.
Features of a will
1.It depends wholesomely on testament i.e it states exactly what the dead testator wishes and wants.
2.it is dynamic/ambulatory which means upon the living of the testator,the will can be changed /revoked.Inasmuch as the creator of the will lives it can undergo revocation.
3.It is stated voluntarily,this means,it is willfully stated by the creator without any influence or whtsoever from other persons.
4.It is signed witnessed by the law after being made.
5.it clearly states the identities of the beneficiaries of the properties and gift..
The most essential of a will is that,it has and complies with the formalities necessarily needed in a will creation.
There must be an awareness that the creator wants to make dispose of his property and complies with the formalities inquired in a will.whereby the formalities are not met,then it is definitely not a will.If it complies with all the requirements of a will a willfull intensions and does not clearly states itself as such,it is still regraded as a will.
The person who makes the will is called a testator,where the person making the will is a female it is called a testatrix.when a person makes a will and passes on,he is said to have died testate.Where none is made,he is said to have died intestate.The person entitled to benefits the property as stated in the will is called a beneficiary and some occasions;successor.The properties succeeded may be moveable/personal or immoveable/real properties.
Real properties include—
a.land
b.interest in land.
c.Things attached to land.
Personal/moveable properties includes—
a.Car
b.warehouses etc.
The total of the real and personal properties are said to be estate of the deceased.
The estate includes the liabilities the  deceased left behind.,the personal representative appointed in the will to take care of this wills is called an executor.when he dies intestate, administrators are appointed to administer the estate.
Many of the disputes over will of the deceased deals with allegations over…..
1...where the will was forged.(Framery).
2.. Incapacity of the testator i.e when the testator is age discriminated or lacks and inquisite knowledge of will making.
3...lack of due execution of the will
4… undue influence i.e where the will was made unwillingly (with pressure, persuasive with forceful intensions of the testator.
5..lack of knowledge and approval-where the testator lacks the knowledge or never approved the contents of the will or was in an induction of fraudulent act.
6... Revocation-where the will was revoked either by marriage, subsequent wi or codicil, destruction.etc
TYPES OF WILLS
A.Privileged will:this is the will that might not necessarily be formal,it may not be written and signed or  witnessed.it is a will made by certain category of people.these people include…
a..a crew of commercial airline
b..a matinee
c..a soilders with actual military service.
B.   Statutory will:These wills are made in accordance to the fulfilment of certain statutes.Examples include those made by the Laws of Federation of Nigeria,2004 for members of the armed services or those detained and treated under the mental Health Act of England 1983(amended in 2007).
C.   Holographic Will:this is a will written in the hands of the testator, usually unwitnessed.Where the wi is entirely written in the hands of the testator,it is seen by the jurisdiction that accept holographic Will.
D.   Formal Will:it is derived from the English law and it is required to be signed by the testator and attested by at least 2 witnesses.
E.Customary Wills:This is a normal directives by the deceased person to his heirs which will actually be acted upon after his dismissal.This is actually practiced more in many ethnic group in Nigeria.
REFERENCE
Dadem,Y., Property Law Practice in Nigeria,3rd Ed:Jos University Press Limited Plateau,2015.



Advertisement

Loading...

Link socials

Matches

Loading...