A Will is a legal document setting out how a person wants his property/personal belongings to be shared when he/she dies. The statute that regulates the making and general administration of Wills In Nigeria is the Wills Act of 1837, although different states have enacted their own Wills Law.
Some important things to note about the Wills Law is that the right to make Wills and dispose of real estate property is a guaranteed right. Furthermore, if the Land/Property you are buying is arising from a Will, you must ensure that the following requirements are met, otherwise, your land transaction with the person selling the property to you will be void.
The first thing is that the testator (that is, the person making the Will), must have made the Will voluntarily. Secondly, the Will must be in a written form, duly executed by the testator in the presence of 2 witnesses who will also sign the Will in the presence of the testator.
Thirdly, the testator must be of sound mind. Fourthly, the Will must adequately describe the property as well as the beneficiaries. The Executors must also be stated. Lastly, the testator must be above 18 or 21 (depending on the Wills Law of the State). The absence of any of the above may invalidate a land transaction arising from a property transferred by a Will.
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