Will And Testament

A will is the legal instrument that permits a
person, the testator, to make decisions on how  his estates will be managed and distributed after his death. At common law, an instrument disposing a personal property was called a “testament”, whereas a will disposed of real property. Overtime, the distinction has disappeared so that a will, sometimes called a “last will and testament” disposes of both real and personal property. If a person does not leave a will or the will is declared invalid, the person would have died intestate, resulting in the distribution of the estate according to the Laws of Descent and Distribution of the state in which the person resides or the customary law that is binding on the deceased person.
Because of the importance of a will, most jurisdictions require a will to have certain elements for it t be considered valid.
Firstly, there must be a competent testator, a competent testator, a competent testator, a competent testator is a person who is of sound mind and of requisite age, the age varies according to statute at the time he makes the will. Secondly, the document purporting to be a will must meet the execution requirement of statutes, often called the statute of wills, designed  to ensure that the document is not a fraud but is the honest expression of the testator intention. Thirdly, it must be clear that the testator intended the document to have the legal effect of a will. Apart from these elements, a will could also be said to be invalid if it was made as a result of undue influence, fraud or mistake. If a will does not satisfy these requirements, any person who would have a financial interest in the estate under the laws of descent and distribution, can start an action in court to challenge the validity of the will. Also, the persons who inherit under the will are proponents of the will and ought to defend it, against such an attack.
–    It must be in writing,
–    Signed by the testator
–    Witnessed or attested to by witness             (es),
–    The witness must be able to attest to the fact that the testator was competent at the time he made the will.
Note “For where a testament is, there  must also of necessity be the death of the testator. For a  testament is of force after men are dead: otherwise it isof no strength at all while the testator liveth?. (Hebrews 9:16-17 KJV)

Nkechi Bright Ewere