By Funmilayo Olagunju

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When a person becomes deceased, the Law regulates the administration of the deceased’s estate, whether the deceased left a will (testate) or made no will (intestate).

When a will (testament) is validly made, its maker (testator) is generally at liberty to bequeth his or her properties as s/he deems fit. The liberty of a sane adult to make will and distribute personal belongings as desired is the summary of testamentary freedom.

Generally, the living are bound by the disposition of the deceased in a valid will. However, in a situation where a particular dependant (spouse, parent or child) of a testate deceased felt left out and uncatered for by the provision of a will, such dependant may apply to court to seek maintenance from the deceased’s estate if the Administration of estate law of the relevant state makes such provision.

Seeking maintenance from the estate of the deceased is not the same as contesting the validity of a will. The order of maintenance is subject to the discretion of the Court and it primarily pertains to the interest of the applicant rather than the whole will.

The dependant/applicant must have been maintained by the deceased during his/her lifetime.

The dependant/applicant must make the application timeously within the time stipulated by the relevant Law.

The financial status of the dependant/applicant will be considered by the court.

The size and worth of the estate shall also be considered. The court will not act in vain to make an order for maintenance without adequate resource in the deceased’s estate.

If the application of the dependant/applicant is meritorious in the view of the court, the court may order the payment of a lump sum to the dependant/applicant from the deceased’s estate or order a period payment to be assigned to the dependant. Each case is considered on its own merit to ensure justice.

“Why should our father’s name disappear from his clan because he had no son? Give us property among our father’s relatives.”

Numbers 27:4.