Introduction 

Most times, when you approach an adult as to whether or not he has his Will ready, the expected answers are ‘God forbid’, ‘Sudden death is not my portion’ and the likes. Nobody enjoys the talk of death but we cannot deny that it is inevitable for every mortal soul and that the aftermath of death is felt by the living not the dead.

A Will is simply a documentary instruction(s) of what the maker/testator wants as regards his property or anything else after his or her death. 

These socio-economic reasons why people are reluctant or nonchalant about making it has caused untold troubles and everlasting family rift and sometimes death of other persons. 

Benefits

The benefits clearly outweighs its disadvantages if there are any, and they are;

1. To reduce the problem of intestacy i.e. dying without a Will. If a person dies intestate, his properties may be shared according to customarily law, which sometimes may end up not benefiting the deceased loved ones. 
2. The deceased has the opportunity of choosing his personal representatives (executors), persons whom the deceased trusts to administer his property.
3. It saves time and money. It helps the personal representatives act immediately as opposed the time it takes for customary law to be administered or for the court to appoint an administrator.
4. It ensures peace and equity within the deceased family as every beneficiary knows what he or she benefits without ambiguity.
5. It enables the deceased appoint a trusted guardian for his or her children. 

General Principles

Who Can Make it?

Any person of full legal age who has the right mental capacity. 

Must it be in Writing?

For it to be valid it must be in writing. For it to be binding, it must be written clearly stating the details of the Testator, the details of the Executors (i.e. the people who ensure that the rules stated are followed), the list of the Testator’s assets, details of the Beneficiaries and what each will get as well as details of the witnesses who must sign attesting that they were there.

There are however exception to the general rule about it being in writing and these are called “Privileged Wills“.

What are Privileged Wills?

A Will is said to be Privileged when it does not follow the usual confines/ rules attributed or associated with writing it. They are those which are not required by law to comply with the requirements both as to capacity and form. These are allowed for people in Armed service and this concession is given to them due to the nature of the service they render.

The Sections 275 and 276 of the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria made special provision for people in the Armed Forces;

(1) A person subject to service law under this Act shall on enlistment-

(a) declare the name of the person or persons to whom, in the event of his dying without having made a valid will, any money or personal property belonging to him should be paid or delivered;

(b) direct that his estate is to be administered by the Customary Court (by whatever name called) of some named place according to the customs of his tribe…

What is the Legal Age?

The legal concept is administered by the Wills Act 1837, The Wills (Amendment) Act, 1852, and the Wills Law of various states (example Lagos). In all the provisions of the above stated laws, the minimum legal age is 18 years. 

Mental Capacity

Kindly note that the maker of a Will is called a Testator.

A Testator must be of sound mind and understanding when he/she is making a Will. How then do we determine whether a testator has sound mind? 

The Test for Determining if a Testator is of Sound Mind

Cockburn C.J. laid the test of determining sound mind in Banks v.  Goodfellow (1870) LR5, QB 544. It is summarized thus:

1. The testator must understand the nature of the acts of making a Will and its effects.
2. He must understand the extent of the property he is disposing.
3. He must understand, appreciate and recollect the persons who are objects of his bounty. That is, the beneficiaries.
4. Understand the manner the property is to be shared among the beneficiaries. 

Must be Kept at the Probate Registry

Once all the formalities have been done, it is necessary to register your Will at the Probate Registry. They ensure that it is kept safe until the demise of the Testator and time for its execution by the Executors.

Can a Testator Amend his Will?

Kindly note that a testator can amend his or her Will anytime before his death. An amendment of a Will is called a Codicil. 

What is a Codicil?

A Codicil is an addendum of any kind to a Will. It is used to alter, change, add to or subtract from the provisions in a Will. They can be used to keep it current and up to date.

They are generally used to make small changes to a Will. The procedure for writing a Codicil is the same as when writing a Will and must be followed strictly. That means, your Codicil must be signed and witnessed by at least two people.

Conclusion

It is safe to say that, you don’t have to be rich, old or at the verge of death before you can make a Will. If you have desires as to what you want of your properties or even funeral/burial arrangements, you can make a Will. It is commendable that denominations like the Holy Grail Movement have this provision for its members.

Remember a Will is not a death proclamation but a safe and thoughtful means of ensuring that in the event of your demise, your family members who are left behind to mourn are properly catered for and by so doing, ensure that unscrupulous fellows do not take advantage of your loved ones and put them in precarious situations.