This document provides information about a one day capacity building workshop on wills hosted by the Corp Members Legal Aids Scheme of the National Youth Service Corps in Akwa Ibom State, Nigeria. The workshop covered topics such as the definition of a will, types of wills, requirements for making a valid will, beneficiaries, legacies, and challenges that can arise. It aimed to educate participants on will drafting and the importance of making a will to dictate the distribution of one's estate after death.

2. A
ONE DAY
CAPACITY BUILDING
WORKSHOP/TRAINING
By The
CORP MEMBERS LEGAL AIDS SCHEME
Of The
NATIONAL YOUTH SERVICE CORPS (NYSC),
AKWA IBOM STATE.

3. Presenter:
Onyekachi Wisdom Duru Esq
onyekachiduru@gmail.com
Venue:
Federal Secretariat, Uyo,
Akwa Ibom State,
Nigeria.

4.  Will
A Will is an instrument
by which A person
makes a disposition of
his real (devices) and
personal property
(legacies), to take
effect after his death
(testamentary) and
which by its own
nature is ambulatory
and revocable during
his life time.
 Codicil
A codicil is used to
amend, revive, revoke
or republish a will. It is
supplements a will or
repeals same. It must
comply with same
format for a valid will.

5.  It is a testamentary document (takes effect only
upon the death of the testator).
 It is ambulatory (can be revoked during the life
time of the testator).
 It may be made by the testator himself or any
legal practitioner appointed by him.

6.  Statutory Will:
The making of this type of will is regulated by law
 Nuncupative Will:
This is a Will made orally or by the spoken word. This
type of Will applies principally to customary law.
 Privileged Will:
This type of Will is made by a special class of people
who by the nature of their profession are exposed to
near death experiences. Examples of these classes of
persons include sailors, airmen, soldiers, etc.

7.  Holographic Will:
This is a Will made in the handwriting of the
testator.
 Pre-nuptial/ Ante-nuptial Will:
As the name implies, this is a type of Will made
before or after marriage, respectively.
 Conditional Will:
This a Will made subject to a condition subsequent.

8.  Opportunity to exclude the rules of inheritance
under customary law or Administration of Estate
Law;
 Opportunity to appoint ideal person to manage
the estate;
 Opportunity to give instructions regarding
burial;
 Opportunity to guarantee cheaper administration
of estate;

9.  Opportunity to give gift(s) to charity,
mistresses, illegitimate children, etc.;
 Opportunity to disinherit anybody you
wish to;
 Opportunity to appoint guardian(s) fit for
infant dependant(s); and,
 Opportunity to confer special powers on
executor(s) appointed.

10.  A person of full age (above 18years),
whether male or female, married or
unmarried.
 A person with sound mind and memory
(including sick and old persons).
 Blind persons, illiterates and privileged
persons, such as seamen, soldiers and
pilots.

11. A Will may be executed in any of the following ways:
1 The testator may sign the Will himself in the
presence of at least two witnesses present at the
same time who must also attest to the Will; or
2 The testator may request and direct another
person to sign for him and he acknowledges the
signature in the presence of at least two witnesses
present at the same time, who must also attest to
the Will; or

12. 3 The testator may have a pre-signed Will at some
other time and acknowledges the signature in
the presence of at least two witnesses present at
the same time who must then attest to the Will.
TAKE NOTICE that the witnesses must sign after
the testator’s signature. Also, the witnesses need
not sign in the presence of one another, but they
must sign in the presence of the testator.

13. If a witness or his spouse is a beneficiary in a will,
they gift or legacy to such a witness or his or her
spouse will fail subject however to the following
exceptions;
1. Privileged Wills;
2. Where the marriage between the witness and the
spouse beneficiary was after the making of the
Will;

14. 3. Where the witness is merely a trustee of the gift;
4. Where the gift to the beneficiary is subsequently
confirm in a Codicil, not attested to by the
witness beneficiary;
5. Where there are two or more witnesses besides
the witness beneficiary; and,
6. Where the gift was made in settlement of debt.

15.  Capacity refers to the possession of sound
disposing mind and memory at the time of
giving instructions to a Solicitor regarding will
making and at the time of execution of the
will.
 Physical ailment or bodily infirmity should not
be confused with sound disposing mind and
memory.

16. Requisite testamentary capacity connotes
the following;
1. The ability of the testator to understand the
nature of the Act of making a Will and its
effect;
2. The ability of the testator to understand the
extent of the property he is disposing;
3. The ability of the testator to appreciate and
recollect who are the objects of his gifts
(his beneficiaries) and the manner in which
the property is to be shared between them.

17. 1.Lack of knowledge
2.Fraud
3.Mistake
4. Undue influence
5. Suspicious circumstances
6. Delusion

18. Take Notice that limitations/restriction affects the
dispositions in the Will but not the validity of the
Will. The following restriction/limitation apply to
Will making in Nigeria;
1. The testator cannot freely dispose of a property
which is subject to customary law and
disposable under customary law

19. 2. Persons subject to Islamic law can only dispose of
one-third of their estate freely, the remaining two-
third must be disposed following Islamic law.
3. A witness cannot be a beneficiary, except the case
falls under the exceptions.
4. Reasonable financial provision for dependants –
child or brother of the disease maintained by the
latter during his life time.

20. 2. Specific legacy:
 This is a gift with full
description. It is a
given by the use of
‘My’.
 It is subject to
ademption, that is, the
non existence of the
gift as a result of sale,
destruction, loss,
compulsory
acquisition, contract of
sale, alteration in
character, etc.
2 General Legacy:
 This is to be satisfied
from the general estate.
 It is granted by the use
of ‘a’ and is not subject
to ademption.
 However, this type
cannot be identified,
since it is a generalized
rather than a particular
gift.

21. 3. Demonstrative Legacy:
This is gift of money
to be satisfied from a
particular source and
is granted by the use
of the word ‘from’. It
is not liable to
ademption.
4. Pecuniary Legacy:
This is strictly a
monetary gift.
5. Residuary Legacy:
This is the leftover of
the estate. Failure to
provide for a
residuary clause in a
Will result in partial
intestacy.

22. 1. Property acquired by the testator after the
Will.
2. Property acquired by the estate after the
testators death.
3. Property not dispose or devised by the
testator in the Will.
4 Gift that failed and gift that lapsed.

23.  This occurs when a beneficiary pre-deceases a
testator. It is subject to the following exceptions;
a. Substitutional gifts;
b. Declaration against lapse
c. Statutory exception especially in cases where the
deceased beneficiary had a surviving issue during the
life time of the deceased;
d. Class gifts; and,
e. A gift made in discharge of moral obligation such as
fulfillment of an obligation to pay debt.

24. A gift may fail as a result of;
1. Ademption (that is the non-existence of the
gift/legacy as a result of sale, destruction,
alteration, etc.);
2. Causing of the death of the testator by the
beneficiary;
3. Giving of a gift to a witness outside the
exceptions;
4. Abetment (disposition in settlement of
liability of the estate)
5. Public policy
6. Non fulfillment of conditions attach

25.  A Will is a very important document of title.
 It is very important for searches to be
conducted in the Probate Registry before any
Conveyancing Transaction involving Wills.
 Confidentiality is a concern in Will making.
 PLEASE MAKE A WILL

26. THANK YOU FOR
YOUR ATTENTION