LEGAL REQUIREMENT OF A VALID TESTAMENT: AN ANALYSIS

The common problem laeed by families upon the demise ol'a loved one is the disposition of the assets of lhal person. The absence of a Will can result in lengthy and often acrimonious dispute. This write up is premised upon an appreciation of the frailty of human life and the importance of providing for one's immediate and extended family after death by writing a Will. It is not enough for a Will lo be made because some Wills could be declared invalid and defective. A defective Will is one w ith legal insufficiencies and errors that would make the Will to be declared null and void. There lies the problem. One does not just have to make a Will but the Will must be valid for ii to have effect. The research methodology used in this work is the doctrinal method which comprises ol' both primary and secondary sources. The primary sources includes, Statues and Judicial precedents while the secondary sources are textbooks, journals, articles and the internet. Generally a valid Will is an enforceable document and binding at law. The researcher recommends enlightenment for the public especially those at the Ural part of Nigeria on the need for Will and legal effect of Will and requirements for its validity in Nigeria. Secondly this researchers recommends that there should be a verification of a testators capacity to write a Will. The researcher also recommends that a testator should seek legal advice from a qualified attorney when making a Will to avoid defective Wills. This researcher finally recommends that emphasis should be laid on the importance for a Will to be signed by the testator in the presence of witnesses who also sign and attest to the will. (hap i i;u oink