By Bamidele Kolawole

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A will, often referred to as a “last will and testament,” is a legal document that outlines a person’s final wishes, regardless of whether they are a man or a woman. After their death, the will is presented to a court, which ensures that those wishes are honored.

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’

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/her 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’

A will, often referred to as a “last will and testament,” is a legal document that outlines a person’s final wishes, regardless of whether they are a man or a woman. After their death, the will is presented to a court, which ensures that those wishes are honored.

Unfortunately, in our society, many people have neglected the importance of having a will before their passing, largely due to a lack of awareness about its significance. This oversight has been a major source of conflict and division among families.

Although most people are aware that they should have a will, many do not fully understand what it is or how it functions. Some even believe that writing a will invites death, leading to further hesitation in preparing one.

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.

Both men and women should write a will, based on the assets they own. In fact, creating a will is essential for anyone who understands its significance.

A will is a legal document that takes effect after a person’s passing, outlining how their assets should be distributed. It is crucial because it helps prevent family disputes after the loss of a loved one.

A will allows an individual to express their wishes regarding their property and establish who should manage it in a way that benefits their children, whether biological or adopted. It clarifies who the beneficiaries of the property will be after the person’s death.

With a will, your property will be distributed according to your instructions, ensuring that your intentions are followed even after you are gone. It’s as if the deceased is personally distributing their assets, as the division is based on their expressed wishes.

A will also provides an opportunity to address other important matters that will be disclosed after one’s death. It offers a complete overview of an individual’s assets to their family members.

In my opinion, having a will is essential if you truly care about your family and want to prevent them from suffering or fighting over your property after your death.

It is highly advisable to prepare a will.

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 “’Wills’ 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

The law governing wills in Ondo State is the Will’s Law of Ondo State, Cap 162, Volume 4, Laws of Ondo State 2006.

A will is an arrangement made during a person’s lifetime, detailing how their property, both movable and immovable, will be distributed after their death. A will is a testamentary document created by someone of sound mind.

Anyone writing a will must be of sound mind, free from external influence, and not suffering from any mental disorder. Under the law, an individual is presumed to have a sound mind unless proven otherwise. Factors that can challenge this presumption include fraud, undue influence, duress, or insanity.

As a legal practitioner, it is essential to assess your client’s mental state when preparing a will to ensure they are not being influenced. Once a will is properly made, no one can alter, discard, or tamper with it.

The law does not restrict who can make a will, as long as the person is 18 years or older. A man can write a will naming his wife as a beneficiary, and a woman can do the same. This can also be a “joint will,” where both spouses prepare a will together. In the case of their joint death, the property typically passes to their children.

The key legal requirement for a will is testamentary capacity—the ability to understand the act of divesting one’s property and clearly identifying the intended beneficiaries.

In my view, it is crucial for the government to encourage and legalize the writing of wills, as it prevents unnecessary family disputes and ensures a person’s wishes are honored after their passing.