MAKE A WILL:Not a death wish! (Pt. 1)
Its Wednesday the 30th day of October, 2019. Our feature on the Family-Law-Seriesπ¨π©π§π¦ is tagged: MAKE A WILL:Not a death wish!
In view of the nature of this platform, and our targeted audience, this discourse will be limited to basic knowledge and devoid of legal terminologies (as much as possible).
We will consider 6 talking points, subtitled: "THE 6 W'S OF WILLS" our aim with these talking points is to answer “often asked” questions about WILLS.
1. What is a will?
2. Who can make a will?
3. Why do I need a will?
4. What makes a will valid?
5. What can be done to protect my will?
6. What if I change my mind?
2. Who can make a will?
3. Why do I need a will?
4. What makes a will valid?
5. What can be done to protect my will?
6. What if I change my mind?
WHAT IS A WILL?π€
A will is a written document, that states in details, the way and manner the maker’s properties are to be disposed, shared, distributed etc., upon death. These properties, include money, houses, cars, pets, land, money in the bank account, pension fund etc.
WHO CAN MAKE A WILL?π€π€
Generally, any sane person above the age of 18 can make a will.
Marital status and/ or gender does not determine a person’s ability to make a will, hence a married man or woman, a single man or woman, a single parent etc., can make a will.
Marital status and/ or gender does not determine a person’s ability to make a will, hence a married man or woman, a single man or woman, a single parent etc., can make a will.
WHY DO I NEED A WILL?π€π€π€
In this clime, tales abound, especially on social media of how properties of the dead are squandered, at the detriment of immediate beneficiaries of the dead such as wives, children and/or aged parents. The simple answer to the poser raised, is primarily because death is inevitable and the need to protect the interest, welfare, continuous education (as the case may be) of loved ones while ensuring that the overall interest of the deceased's immediate beneficiaries are well taken care of.
WHAT MAKES A WILL VALID?π€π€π€π€
Please bear in mind that, valid as a term, is used loosely herein. In general terms, a will must be in writing and witnessed in the manner prescribed by law amongst other legal requirements for it to be considered valid.
WHAT CAN BE DONE TO PROTECT MY WILL?π€π€π€π€π€
The law has put in place certain mechanisms such as lodgment etc., which guarantees the protection of a will and more importantly the desires of the maker. The story is told, of a young man who having heard, that there are terms in the late father’s will which are not to his advantage, burnt the will. He was surprised when a replica of the burnt ‘ will’ was obtained and read.
WHAT IF I CHANGE MY MIND?π€π€π€π€π€π€
Relax friends!ππ
There is good news. πππ
The law envisages, that a person may after a will has been made change his/her mind. In fact, more properties not identified in the will may be acquired. There may be additional beneficiaries etc., there are life occurrences which we have no iota of control over.
It is in view of the above life occurrences amongst others that the law has made provisions for the ‘amendment’ of a will. A legal practitioner is trained to advise on when to make a new will, amend, or totally jettison the earlier will, depending on the circumstances and facts of each case.
After all, ππwe say in law, that, it’s the fact of a case that donates the issue for determination.
Thank youπππ
Oluwatosin Ajose Popoola Esq.,
In: https://www.linkedin.com/in/oluwatosin-ajose-24143910a
In: https://www.linkedin.com/in/oluwatosin-ajose-24143910a
For: The Online Law Clinic
onlinelawclinicteam@gmail.comπππ
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