DAILY LAW TIPS
by Onyekachi Umah,Esq.
“CAN A “WILL” BE REWRITTEN AFTER DEATH OF ITS OWNER ?”
An owner (testator) of a Will has the right to share his property in the manner he pleases. He can also change his Will as many times as he pleases before his death. Once the maker is dead, no person can change his Will. His Will must be respected by all.
My authority is Asika V. Atuanya (2013) 14 NWLR PART 1375.
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HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA - “A LEGAL GUIDE ON PROBATE MATTERS”.
A righteous man leaves inheritance for his off springs says the holy book. We all must die someday but what we may leave are our off springs, legacies, assets, liabilities, problems we solved and those we created. The death of a person is not the death of his/her property, assets and liabilities. The death of loved ones and breadwinners is not a launch into poverty and misery. No one dies with his assets (anything that adds to wealth) and liabilities (anything that reduces wealth) rather such is left for the good of the living. It is the right of the living to take over ownership and administration of the assets and property even the liability of the dead (deceased). Whether a deceased died leaving a WILL (testate) or without a WILL (intestate) his property must be owned and managed by the living. Now, the question is who should legally manage and benefit from the property of a dead in Nigeria?