Wills & Codicils

- PART I: Wills & Codicils I -

Meaning of a Will

A will is a testamentary, revocable document, executed and attested according to law, by which a person with sound disposing mind and memory distributes his properties or gives instructions, appoints personal representatives subject to limitations imposed by law, to take effect after his death.

Key Terminology

Term	Meaning
Testator / Testatrix	Person making the Will (male / female)
Testate / Intestate	Died with / without a Will
Beneficiary / Successor	Person entitled under the Will
Estate	Total personal + real properties + liabilities of deceased
Executors	Personal representatives appointed under the Will
Administrators	Persons appointed to administer where deceased died intestate

7 Features of a Will

1. In prescribed form (writing);
2. Indicates intention of testator;
3. Voluntary - without pressure or undue influence;
4. Testamentary - speaks from the death of the testator;
5. Ambulatory - capable of being amended/annulled during lifetime;
6. Disposition of properties;
7. Appointment of trustees and personal representatives.

9 Advantages of Making a Will

1. Exclusion of rules of intestacy - displaces customary rules;
2. Appointment of guardians and trustees for infant children;
3. Appointment of executors of testator’s choice;
4. Cost of probate - quicker and cheaper than letter of administration;
5. Security of assets in the estate;
6. Expansion of powers of executors beyond statutory contemplation;
7. Opportunity to show generosity to non-statutory beneficiaries;
8. NO break in chain of representation - if all executors die, executor of last surviving executor continues administration (unlike administrators where fresh letters are needed);
9. Family cohesion - helps prevent bickering (unless contested).

3 Disadvantages of Making a Will

1. Does not enhance community/affinity in family;
2. Additional costs and expenses;
3. Mistakes on formal requirements may easily vitiate it.

8 Applicable Laws to Wills

1. 1999 Constitution (as amended);
2. Wills Act 1837 + Wills Act (Amendment) 1852 - pre-1900 statute of general application; applicable in states without their own Wills law;
3. Wills Laws of various states;
4. High Court Laws and Rules;
5. Common Law & Doctrines of Equity;
6. Customary laws on intestate succession;
7. Decisions of Superior Courts;
8. Administration of Estate Law - intestate succession of persons married under the Act.

The 1852 Amendment amended S9 Wills Act 1837 on the position of signatures of testator and witnesses.