By Abimbola Akindunbi & Kayode Olabanji
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A will, sometimes called a “last will and testament,” is a document that states someone’s final wishes, be it a man or woman. It is read by a county court after the person’s death, and the court makes sure that your final wishes are carried out.

However, over the years, particularly in our society, many have failed to avail themselves of the opportunity of having a ‘Will’ prior to their death, due to their ignorance of the importance of writing a “Will.”  And this has been the major cause of problems and enmity among families today.

While most people know that they should have a will, many do not know what a will is and how it works. While some are of the opinion that, writing a ‘Will,’ means an invitation to  death.

The Hope Classics went to town and spoke with some people on the importance of having a “will”, who can have it and when it should be written?

 Excerpts:

Write your will, while alive

– Mrs Olubukola Adedire, Esq.

 An Akure-based lawyer

As long as you are about 18 years of age, you can write your ‘Will’.

“Will” Is a testamentary document, a visual intention, the wishes of the testator, which will take effect after the death of the testator.

It is to distribute, devise, share and dispose one’s property after death.

To write a “will”, there must be trust between the testator and the executors. It must be signed by the testator in the presence of the two witnesses.

The witnesses must sign in the presence of the testator too. The testator must be in sound mind, hail and active, while making his or her ” Will.”

Anybody can write a “Will,” provided it is the person’s property. You can write and devise same to whoever you wish to.

But in the case of an illiterate, one can sign for him and must be in the presence of the testator. That is, the owner of the “will,”

A man or a woman, is privileged to change, alter, modify and reverse his ‘will’ from the earlier one anytime he feels like.

But all these can be done when you are alive.

A child born under wedlock enjoys a joyously property in a ‘Will’ provided the father acknowledged him when he is still alive.

If you do not write your will’ before you die, the administration of estate law will apply on your property.

 It is advisable you write your ‘Will’ when you are alive. And if you do not like writing “will”, then share your property by yourself when you are still alive to your family members or children.

‘Will should be written voluntary, not under duress’

Mr Tosin Sunday Eye, Esq

An Akure-based legal practitioner

The law that regulates “Will” In Ondo State is the Will’s law of Ondo State Cap 162 Volume 4 l Laws of Ondo State 2006.

‘Will’, is an arrangement made by a person during his or her lifetime as to how his or her property, both the movable and immovable will be shared after his demise.

‘Will’ itself, is the testamentary documents, a document made by someone with sound mind.”

Anyone who is writing a Will, must have a sound mind, without any external influence and not insane.

In law, any man is presumed to be of sound mind, except the contrary is proven. And those contrary that can be proven are fraud, undue influence, duress and insanity.

As a legal practitioner, you must examine your client who is set to write a Will, to know that the person is not in any way influenced by any thing. Once a Will is made, no other person can tamper with it or throw it away or do something with it.

Law does not specify who can make a Will, as long you are 18 years and above. A man can write Will and make his wife the beneficiary, likewise a woman. It is called ” Joint Will, as both of them will write the Will’. The worse case is that the property will devolve on their children if both of them die.

What the law needs is someone that have the testamentary capacity, and  the intention to divest your property. You must know what you are doing and whom will be the beneficiary (ies) of the property.

– Government should legalise ‘Will’

 Mr Michael Fasore

Civil servant (SUBEB)

Will’ is very important, especially in this side of the world where people are crazy of becoming wealthy without labouring.

I will describe a ‘Will’ as a legal document that declares a person’s wishes regarding the disposal of his property after his demise.

There’s a saying that “Where there is a ‘Will’, there is a way.

‘Will’, resolves many problems when the person dies, as regards his or her properties. Nowadays, you see distance relations struggling with their brothers or uncles’ property after his death. They will want to send the wife and children away.  But once there is ‘Will’, there would not be a cause for alarm. That is why someone needs to write his or her  ‘Will,’as early as he could.

Will spells out what you have as property and how the property should be shared after your death. It is very important to write a ‘Will’. It is  unfortunate that some people die untimely and unprepared.

 In such cases,  you see the family of the deceased, particularly, the family of the man, trying to drive away the deceased’s wife and the children in order to inherit his property.

 Assuming the man had prepared his Will, there will not be much trouble.

You can write your ‘Will’ any time, so far you are above 18 years old and you are blessed. Then, you keep updating as you add more property, even if you are not yet married or having children. So, later when you get children, you start putting their names according to how you want it to be.

Even though, I wish the government can legalise it, so as to make it a compulsion for every family to write their “Will’s as soon as possible. You can keep it with your lawyer, in the bank, or anywhere you think is safer. And ensure you have a copy with you.

I believe this will reduce the killings over someone else properties.

Some people believe they should not involve their wives when writing their “Will”.

As for me, I do not agree with that. Once you are legally married, the two become one. Therefore, both parties should sit down and think of how the ‘Will’ should be written.

Some men do feel that the wife can kill her husband because of property. But as long as you marry the flesh of your flesh and your children are well trained with adequate education, nothing of such can happen.

You may not involve your children. But train them very well so that they will not depend on you or your property.

Therefore, the best thing is to train your children in  the way of God. That is why the Bible says,  “train up your children in the way of the Lord, so that when they grow, they will not depart from it.

Will protects wife, children

Prophetess Florence Ilemobade

It is not only a man that should write Will, but a woman too can do so, based on the property she has. I believe Will is compulsory for everyone who knows the importance.

 It is a statement of plan that is put into action, after someone might have passed on.

Will is very important in someone’s lifetime, as it helps to avoid conflict in a family after the departure of a loved one.

It helps someone to express one’s desire over his/her property and to legalize one’s authority on whom should handle his/her properties in a way that will favour his/her  children, either biologically or by adoption.

It also helps to know the benefactor(s) of the property after departure.

With will, you will be able to share your property after your demise, because it will surely be implemented. It will be as if it is the deceased who is sharing it due to the fact that they will share it according to his/her wishes.

It is a means to express their feelings on one issue or the other which will be revealed after their departures.

Will help to disclose one’s property from A to Z to the entire family members.

As for me, I support having a Will, if truly you love your family and you do not want them to suffer or fight over your property when you die.

It is advisable you prepare your Will.