Funmilayo Olagunju Esq.

A will is a document by which a person directs his or her estate to be distributed upon death. Black’s Law dictionary at Page 1628.

When a will deals with real property, it can be called a devise. When a will deals with personal property, it can be called a Testament.

Any sane person (male or female) who has attained the age of majority is capable of making a will. There is no restriction to the number of personal property a person can distribute by will except when the testator (the person making the will) is incapacitated by personal law (religion).

Generally, one of the attributes of a valid will is that it must be written. Soldier’s will, Seaman’s will, Mariner’s will, Military testament and sailor’s will are exceptions to this general principle. A soldier that is in active service can make an oral and informal will which shall be binding in respect to the estate.

A will becomes enforceable after the demise of the testator. During the lifetime of a testator, a will can be revoked or voluntarily amended. A document that amends a will is called a codicil. A will is revoked when it is entirely cancelled and rendered without effect.

A will may be voluntarily revoked by the testator or by the operation of Law. A will is revoked by operation of Law if some changes, circumstances or actions occur that is considered by law as a ground for will revocation.

Marriage is a typical occurrence of action that revokes will by operation of Law. Any will made before marriage is automatically revoked after the marriage. A person who got married after making a will is expected to make another will (the content might not compulsorily be different from the earlier) with a date after marriage.

In the absence of a subsequent and valid will after marriage, it shall be deemed that the person dies without a will (intestate) and the estate shall be governed by the intestacy Law of the State.

“In the case of a will, it is necessary to prove the death of the one who made it”

Hebrews 9:16 (NIV)