Death Of Spouse Part 3

YOU NEED TO MAKE YOUR WILL NOW BEFORE IT’S TOO LATE The WILLS Act of 1837 which later was amended...

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The WILLS Act of 1837 which later was amended as WILLS Laws of various states introduced the first formal will in Nigeria by its provisions. Formal Will are distinguished from customary will or nuncupative – that is the will made by a dead person orally at the time he suspects that death is inevitable in his life.

This was why in my first series I drew attention to the distinction between statutory law and customary law. I received a phone call from one of my readers who informed me that his father married in the statutory form of marriage in Lagos State, owned most of his estates in Lagos state, lived all his life in Lagos state, but was honoured with a chieftaincy title in his village in Delta state of Nigeria before his death but his uncles of different surnames with his father who know fully well the existence of the statutory marriage and even attended all the series of engagements and the actual statutory marriage at the death of his father seized all his father’s documents, drove them away from their father’s estates and instituted outsiders to be enjoying their father’s efforts on earth and that him, his mother and other siblings are tenants in people’s houses while their father has mansions, property and costly cars everywhere in Lagos State.

According to him, his so-called uncles applied the Customary Law of Delta State Town of his origin to distribute his father’s estates even to their own children who they now tagged as his father’s children born outside his marriage secretly but now made public and accepted by them the indigenes of his town as his father’s children who must have shares in their late father’s estates. Most annoyingly was that they ‘stole’ his father’s dead body from the hospital, imposed an impostor who claimed to be the man’s first son, not accepted by the man for over fifty years that the impostor is to parade himself as the deceased first son and conducted a secret burial of his father without the rightful family and even against their wishes. They never saw the corpse of their father and how it was buried.

This is a very sympathetic development which should have been prevented by his very wealthy father if he had been wise enough to consult a lawyer around him to make and prepare a will of his desire before death struck him. I am sure that if the dead can rise again he would have risen to fight those ‘gold-diggers’ who are now celebrating with his wealth. A very simple transaction with a lawyer could have put a check on this annoying and provocative attitude of opportunist relatives. Are you in such a situation as this my caller or need to correct your own mistakes now that you are alive? You may wish to phone in as my caller or email me or consult a lawyer around you as experts to assist you put things right.

*Do you have questions or seek legal clarification on issues concerning your marriage, probate, property, etc? Call Barr. Ken: 08162016410, 08075763840. Email:

How much will a lawyer charge me to write my will?

Dear Lawyer,

I really intend to write my will now because I have a large family and I don’t want my family members to fight and disagree with each other in the event that God calls me to be with Him in heaven. I would not like my wife and children to remember me with shame. Therefore I will like to know how much it will cost me to get a lawyer to help me write or make my will.

From Chief Azuka,

Lawyer’s Answer:

Dear Chief Azuka,

Don’t bother about how much a lawyer will charge you to make your will because it certainly will not be too much. What a lawyer charges for helping you write or make your will depends on where you live and how complicated your family and financial circumstances are. Therefore a lawyer may charge anything reasonable for a will and other basic estate planning documents.
However, it’s very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. You’ll have to discuss with a lawyer and negotiate with him to find out what the cost will be for you. Call me if you need help.


Can a blind person make a will?

Dear Lawyer,

I am a blind man and I was informed by my elder brother about your writing on wills and its importance to me. I would like to make a will for my family but I want to know if I can make one in view of my handicap so that what my lawyer makes will be my real wish or intention.

From Joseph,
Plateau State.

Lawyer’s Answer:

Dear Joseph,

Thanks for your interesting mail. Yes as a blind person you can make a will but it must be shown that it was read severally to you to your understanding before the affixing of your seal or fingerprints on it.
As a blind person, you cannot attest a will because your disability makes it impossible. A lawyer know exactly how to handle your matter; he will draft a JURAT for you.
My advise always is that people should consult the experts – lawyers who know the best and who are not as expensive as people think. Call on me for more detailed explanations or consult a lawyer.

Call Barr. Ken: 08162016410, 08075763840. Email:

Lawyer Jokes

The Cows

A farmhand consulted a lawyer. He had long tended the late farmer’s cows, and believed they would his when the farmer died. Now the farmer’s son claimed ownership.
“I’ll take your case,” said the lawyer, “Don’t worry about the cows.”
The next day the farmer’s son came in. The cows were raised on his land, he said, they should be his.
“I’ll take your case,” said the lawyer, “Don’t worry about the cows.”
Later, his secretary asked, “How can the cows belong to both?”
“Don’t worry about the cows,” the lawyer said. “The cows will be ours.”

The Duck

A lawyer went duck hunting for the first time in Texas. He shot and dropped a bird, but it fell into a farmer’s field on the other side of the fence. As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing.
The litigator responded, “I shot a duck, it fell into this field, and now I’m going to retrieve it.”
The old farmer replied, “This is my property and you are not coming over here.”
The indignant lawyer said, “I am one of the best trial attorneys in the U.S. and if you don’t let me get that duck, I’ll sue you and take everything you own.”
The old farmer smiled and said, “Apparently, you don’t know how we do things in Texas. We settle small disagreements like this with the Texas Three-Kick Rule.”
The lawyer asked, “What is the Texas Three-Kick Rule?”
The Farmer replied, “Well, first I kick you three times and then you kick me three times, and so on, back and forth, until someone gives up.” The attorney quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.
The old farmer slowly climbed down from the tractor and walked up to the city feller. His first kick planted the toe of his heavy work boot into the lawyer’s groin and dropped him to his knees. His second kick nearly wiped the man’s nose off his face. The barrister was flat on his belly when the farmer’s third kick to a kidney nearly caused him to give up.
The lawyer summoned every bit of his will and managed to get to his feet and said, “Okay, you old coot! Now, it’s my turn!”
The old farmer smiled and said, “No, I give up. You can have the duck.”

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