UNIT 11

WILLS

A will is a legal document that specifies how a person's property and assets are to be distributed upon their death. It can also name executors to administer the estate and guardians for minor children. The primary purpose of a will is to ensure that a person’s wishes are respected and to provide clear instructions on the distribution of their estate. The relevant statute governing the execution of wills in Nigeria is the wills act, Cap W2, laws of the federation of Nigeria 2004 provided under section 4 that a will must be signed by the testator or by another person in their presence and by their direction and section 5 that the will be witnessed by at least two persons who must also sign the will in the presence of the testator. See also the case of Ogunleye V. Ogunleye (2010) 5 NWLR (Pt. 1187) 254 where the supreme court emphasized the necessity of compliance with statutory requirements for the execution of a will. The court held that a will not executed in accordance with the formalities prescribed by the wills act is invalid. For a will to be valid under Nigerian law, it must comply with the following requirements:

1. Written document: The will must be in writing. Oral wills are not recognized under Nigerian law.
2. Testator's signature: The will must be signed by the testator which is the person making the will or by another person on their behalf in their presence and at their direction.
3. Witnesses: The will must be signed in the presence of at least two witnesses, who must also sign the will in the presence of the testator. The witnesses should not be beneficiaries under the will to avoid any conflicts of interest.

CODICILS

A codicil is a legal document that modifies or supplements an existing will. It can add, alter, or revoke provisions in the original will without the need to create a completely new will. Codicils must comply with the same formalities as a will, including being signed and witnessed. The purpose and use of codicils are to make minor changes or updates to a will, such as changing the executor, adding new beneficiaries, or updating the distribution of assets. They are particularly useful when the changes do not warrant drafting a new will.

REVOKING AND ALTERING WILLS

1. Revocation: See the case of Okafor V. Okafor (2005) 4 NWLR (Pt. 916) 1 where the court discussed the revocation of a will and highlighted that revocation must be done with clear intention and must follow legal procedures. The court stressed that revocation by mere oral declaration or incomplete actions does not suffice. A will can be revoked by the following ways:
   
   1. Destruction: Physically destroying the will with the intention to revoke it.
   2. Subsequent will: Creating a new will that explicitly revokes the previous will.
   3. Marriage: In some cases, marriage may automatically revoke a will unless it is specifically made in contemplation of marriage.
2. Alteration: Alterations to a will can be made by creating a codicil or drafting a new will. Any alterations must follow the same legal formalities as the original will to be valid.

CONCLUSION

Wills and codicils are essential tools for estate planning and must adhere to specific legal requirements to be valid under Nigerian law. Ensuring compliance with the statutory provisions and formalities is crucial to prevent disputes and ensure that a person’s wishes are honored after their death. For proper execution, seeking legal advice and assistance in drafting and executing wills and codicils is advisable.