Who can write a will?

For a will to be valid, the testator must be a legal adult. Who is a legal adult for the purpose of writing a will is defined by law. Under the Wills Act, which has been adopted in some form by many states, the legal age is 21 years. However, the legal age varies under different state laws, going as low as age 15 in Abia State. An exception to the age rule applies to underage seamen, marines at sea and crew of airlines – but it is rarer these days to find underage persons in these jobs.

The other requirement is that the testator must be of sound mind. The testator must have the mental capacity to make a will and must write the will voluntarily, out of his own free and independent will, without undue influence from any person. The testator, at the time of making the will, particularly at the time of giving the instructions for the distribution of property, must understand the nature of the act of making a will and its effects. That is, the testator must understand and recollect the property that is to be shared and the persons who are beneficiaries of the property.

To be valid, a will must meet the formal requirements of will drafting. These requirements are set out by law and therefore may vary from one jurisdiction to another. However, there are some universal requirements that appear in the will laws of different jurisdictions. The will must be dated, signed, witnessed. Importantly, witnesses to a will cannot be beneficiaries of the will.

Tips to consider when writing a will
Like I said last week, the subject of wills (and estate planning, generally) is one that many people avoid because it inevitably raises the subject of death. But when you have decided that you want to write a will, there are a few things that you should consider.
1. Who will write your will? The more property you have, the more it would be to your benefit to use a lawyer experienced in estate planning who can advise you and ensure that your will does not fail because it was not properly executed. If you are going to go through the trouble of writing a will to save your beneficiaries from hardship after you are gone, then you must use the services of a lawyer experienced in such matters. An experienced lawyer can also advise you on other methods of transferring your property to your intended beneficiaries and reduce the burden of estate and probate taxes on your beneficiaries.

2. Who will witness the will? You should choose your witnesses carefully. Choose respectable people who are not personal friends or family members as a precautionary measure. That way, if for any reason the will is challenged, the witnesses cannot be accused of bias or having an interest in the outcome of any associated dispute.

3. Make sure that the will is clear and unambiguous. As much as possible, use the full names of beneficiaries, and be as detailed as possible in the listing of properties to be shared amongst beneficiaries.

4. Videotape – it is a good idea to videotape the testator reading and signing the will just in case the mental capacity of the testator comes into question later.

What should your family know?
Some people are secretive about their personal and business dealings, and upon their death, their families, unaware of such dealings, are cheated out of assets for which they could claim ownership. Whether or not you choose to write a will, here are a few things that at least your next of kin should be aware of.

1. The account number and branch location of all bank accounts and credit card accounts; the location, contact details and account details for any investment holdings (stocks, bonds, mutual fund accounts, etc); and the name and number of any insurance policies you hold.
2. The name and contact details of your lawyer, accountant, stock broker, insurance agent, branch manager, and bank account officer.
3. The location of your valuables including jewellery; real property such as land, houses, boats, etc.; and intangible property such as rights to intellectual property.
4. The location of your will and other estate planning documents as well as important documents such as your birth certificate (if you have one), your travel passport, etc.
5. Details of any outstanding debts that you owe or that are owed to you.
6. Details of any outstanding legal matters.

There are many instances of family members losing out because a person did not share enough information with their spouses or next of kin. Sometimes, for different reasons, people acquire property in a third party’s name and their interest in that property is lost upon their death because no one in their family is aware of their interest in the property and the details of the ownership arrangement with the third party.

If the idea of making a will does not appeal to you, there are other options for transferring your property that you can discuss with your lawyer. For instance, trusts are an option. Some people also choose to transfer ownership of certain property to a holding company with their beneficiaries as directors and stakeholders. Some dispose of all their property and divide the proceeds as they wish before they die. Your lawyer will advise you on the advantages and disadvantages of the various options.

Ultimately, you cannot please everyone in your will, but please, do not be like William Shakespeare who willed only his “second-best bed” to his wife Anne Hathaway. In any case, in Nigeria, testamentary freedom is somewhat limited, by moral, customary and religious considerations, meaning that you can dispose of your property as you wish, only to a certain extent. You cannot, for instance, leave everything for the care of your loyal, pet dog, and nothing to your relations, or pull what I call the one-dollar trick where the deceased leaves a spiteful one dollar to their spouse. You are expected to make reasonable financial provision for your spouse(s) and children, who can apply (within 6 months from the grant of probate) to the courts to challenge the will.

Source: Punch

"Exciting news! TheNigeriaLawyer is now on WhatsApp Channels 🚀 Subscribe today by clicking the link and stay updated with the latest legal insights!" Click here! ....................................................................................................................... Unauthorized use and/or duplication of this material and other digital content on this website, in whole or in part, without express and written permission from TheNigeriaLawyer, is strictly prohibited _________________________________________________________________ [Register Now] ILA Nigeria Branch Marks 10 Years With Infrastructure Financing As Theme For 7th Annual Conference The International Law Association - Nigeria Branch 7th annual conference on public-private partnerships for sustainable infrastructure financing, April 4-5 in Abuja. Details: https://ilanigeria.org.ng/conference _________________________________________________________________

NIALS' Compendia Series: Your One-Stop Solution For Navigating Nigerian Laws (2004-2023)

Email: info@nials.edu.ng, tugomak@yahoo.co.uk, Contact: For Inquiry and information, kindly contact, NIALS Director of Marketing: +2348074128732, +2348100363602.