BEFORE YOU PASS AWAY Death is an inevitable factor in human existence. It accords no respect to any human. It goes as far as extending its bitter, poisonous and life sapping venom to animals, insects and every living thing just to give an extraordinary display of its PROWESS. The sudden and unexpected way in which it attacks its prey is a major advantage which it enjoys sitting majestically. Man on the other hand lives a beautiful life, such that he reasonably expects to die at a very old age where he has found contentment and happiness, being surrounded by loved ones far reaching to great grandchildren, yet further. But realizing how impossible his chances are in defeating death in the battle for supremacy, how unpredictable the length of his stay on earth is, the need to make reasonable provisions for dependants and loved ones and distribute his estate as he deems fit in the event of his demise, man devised the safest weapon, ‘the WILL’. By so doing, man would die in contentment knowing that he won at one thing if not all, ‘having to die knowing that he took care of his loved ones and protected them from the disadvantages of dying without a Will (intestacy)’. By that, a sudden death won’t be sudden anymore in the technical sense because it had already been taken care of and anticipated by making a Will. The need for man to make a Will cannot be overemphasized. A Will is simply, the intentions and wishes of a person to be carried out after his death. The advantages of making a Will therefore are; 1. It prevents the application of the rules of intestate succession (these are the rules that are employed in distributing the estate of a person that dies without a will) to the estate of a deceased person rather, the ‘Will’ will be strictly adhered to in distributing his estate. 2. The maker is afforded the opportunity of ordering the administration of his estate in the event of his demise as he deems fit. 3. The maker is afforded the opportunity of appointing those he trusts as executors, to execute or implement his Will. 4. The maker is afforded the opportunity of making voluntary donations or gifts to any beneficiary of his choice. 5. The maker is afforded the opportunity of appointing guardians to take care of his children (where minors) in the event of his demise. 6. He can also give financial directions as he deems fit with regards to his estate. 7. He can make his funeral arrangements if he so desires. 8. The making of a will prevents possible inheritance disputes that may arise over the distribution of a person’s estate in the event of his demise. 9. Upon the death of an executor or executrix appointed by the maker (testator), the power transmits to the executor of the deceased executor’s Will as opposed to the rigours of letters of administration where a fresh grant needs to be obtained. It is needless to say that a legal practitioner is in the best position to prepare one’s Will because there are several intricacies embedded in the preparation of a Will which might render same null and void. A legal practitioner takes care of such unforeseen loopholes. It should be noted however that a Will can be prepared by the maker himself. All that is required is that he possesses the necessary testamentary capacity to prepare same and the Will is duly executed as required by law. A regular review of one’s Will is also encouraged to take care of possible changes that might have been effected in one’s estate, as the case may be. Safe custody is also a very important factor to be considered in preparing one’s will. It appears however, that the probate registry is the safest and most guaranteed place to keep a Will. Other places are banks, with one’s legal practitioner, a safe vault e.t.c This write-up only seeks to sensitize the public on the importance and need to make a Will. Making a Will does not mean digging one’s early grave. It is only doing the needful. Prepare your Will today and live your life being rest assured that the fruit of your toil and hard work is reaped by those you believe truly deserves them. By, OJO, Babajide. W.A.F SOLICITORS
Posted on: Tue, 21 Jan 2014 06:56:58 +0000
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