Validity of a Will

It is said that a Will speaks from a testator’s grave. This simply means that the last wishes and desires...

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It is said that a Will speaks from a testator’s grave. This simply means that the last wishes and desires of a deceased which is embedded in his last Will speak after his death. A Will is made during the lifetime of a man and fashioned by him in the way and manner he wants the affairs of his struggles and sacrifices here on earth to be administered even after he is no more.
However, there are usually controversies surrounding these his last wishes/desires if not validly made, by those whom the Will did not favor and in most cases this leads to untimely deaths and wastages of the family’s resources  which ought to be invested to increase the estates of the deceased. It is predominant in polygamous families where expectation of each section of the family is very high.
Even in monogamous homes it does happen, especially where some children feel they are the favorites of the testator/testatrix and don’t believe that the gifts bequeathed to them are actually the will of the testator. This results in perpetual hatred, division and disintegration of a formerly peaceful family. It is to avoid these types of rancor and unpeaceful attitudes in the deceased’s home and to prevent those who are always sowing seeds of discord from reaping where they never sowed that it is important to know the requirements for a valid will especially in statutory marriage. Therefore the following are the requirements for a valid Will:
1. Writing: It may be handwriting (holograph), typed, printed or even a combination of any of these forms that is necessary. The language used in writing does not matter.

2. Signature of the testator: This is usually the mark or means of identification of the testator which is usually recognizable by all who knew it when he was alive. It may be an initial, across or even full name which a person uses in signing a document and letter known to all. The signature should be complete. It is a known fact that it is not everyone that knows how to sign signatures, such persons as the illiterates or blind person. In this case a jurat should be inserted indicating that the content of the Will were first read and interpreted to them before they made their marks.
Note: This topic is very technical in nature and it is only the experts in the field, that is Lawyers that can handle them perfectly and confidentially for you, so consult any Lawyer around you immediately or you may wish to call me via 08075763840 for any further advice or/and assistance.

3. Attesting the will: This must be done in a formal manner as the experts, the Lawyers, will guide you. If you do it wrongly it nullifies your interactions.
Note: A solicitor (Lawyer) owes you a duty to explain the proceeding rules to make your Will perfect.

ALTERATIONS OF WILL
Generally, any alteration made on a will after execution is not valid. If there is need to effect any alteration, it is expected the testator and the witnesses must execute the altered portion of that Will the same way it was previously made to make it valid. However, in most cases executing and attesting to the alterations made are usually at the margins of the Will close to the altered part or memorandum signing the alteration or better still by making a codicil.

There are more complications to this process which a lay man cannot effectively and efficiently process except by the use of experts on this field (the Learned Lawyers) who do it perfectly and execute it same to keep your homes peaceful after you have gone as if you are still in control. Consult any Lawyer around you now for more actions or if you can’t see one around you call on me on my numbers or email for more assistance.
REVOCATION OF WILLS
Questions most of my callers usually ask me include “Whether they can revoke or annul the contents of a will after it has been made?” The simple answer is YES. A will is revocable during the lifetime of the testator and it does not matter if the will declares itself to be irrevocable.
This revocation idea most often happens if the beneficiary in the will turns out to be a disappointment and the testator regrets his initial assumption about the person. There are four ways of revoking wills. They are:
1. Marriage: This, by operation of law automatically revokes a Will. However, the marriage here is not marriage under customary law or Islamic law.
2. Codicil: This is a later Will.
3. Writing with a declaration of intention can as well revoke a Will.
4. Destruction by means of burning, tearing with the intention to revoke.
Note: All these processes in the filling of a Will at probate is the work of experts on the field (Lawyers) to forestall contest after death. If you are still not clear or have any question regarding these or more, please call or E-mail me or consult any Lawyer around you.
*Do you have questions or seek legal clarification on issues concerning your marriage, probate, property, etc? Call Barr. Ken: 08162016410, 08075763840. Email: kenakpom@yahoo.com
CASE 1
“Can I make my Will alone?”
Dear Lawyer,
I have been following your series of  articles on Will for some time now and I feel like making my own Will. Can I as an individual or as a woman make my Will alone or must I consult an expert as you always say, (lawyer) and why?
From Itunu,
Akure, Ondo State.
Lawyer’s Answer:
Dear Itunu,
As an individual you can make your own Will whether as a man or woman but the problem is that you might not be able to perfect it when you do it alone. There might still be some flaws. Therefore, my advice to you is to consult the experts so that there will be permanent peace and love in your family even when you are no longer there. The expert knows the best way and form of perfecting your Will to avoid unnecessary contest after you’re gone.
CASE 2
“I want my Will to favour my Secretary instead of my Wife”
Dear Lawyer,
I am married in both traditional, church and court marriage with my wife who has three progressive children for me for over 18 years now. However, I fell in love for reasons I cannot understand with my secretary in my office and my wife observed this and always quarreled with me. I wish to make my Will and want to give substantial portion of my estate to my secretary but the Lawyer that I consulted to do this for me said that it would not work. Please, is my Lawyer correct and why?
From Chief Balogun,
Lagos.
Lawyer’s Answer:
Dear Chief Balogun,
I am very happy that you used your hand to write that you are happily married with your wife and children. How then did you allow an accidental into your marriage? Your lawyer acted in line with the profession of lawyers by advising you wisely. This is because the will can be contested after your death on the ground of undue influence and the court shall annul it if found to be so.
Please call me on 08162016410 or 08075763840 for more details or contact any lawyer around you.
Call Barr. Ken: 08162016410, 08075763840. Email: kenakpom@yahoo.com
Lawyer Joke
The Young Lawyer
A young lawyer, defending a businessman in a lawsuit, feared the worst. He asked a senior partner whether he ought to send the judge a box of cigars.
“The judge is an honorable man,” the horrified senior partner exclaimed. “If you do, I guarantee you’ll lose the case.”
The judge eventually ruled in favor of the young lawyer’s client.
“Aren’t you glad you didn’t send those cigars?” the senior partner asked.
“I did send them,” the young lawyer answered, “I just enclosed the opposition’s business card.”
Sent from my iPhone with love. You can reach me via +2348131161840 or +2347031028714. Email: ireto007@yahoo.com. Thank you very much. May God bless you.
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