Last Will and Testament - Template, Sample Form Pro · NG-law

LAST WILL AND TESTAMENT

THIS IS THE LAST WILL AND TESTAMENT of me, ________, of ________, in the ________ Local Government Area of ________ State, Federal Republic of Nigeria, holder of ________ (means of identification), made this ________ day of ________, ________.

This Will is made in accordance with the provisions of the Wills Law applicable in ________ State and the general principles of testamentary law in force in the Federal Republic of Nigeria.

§ 1 — PRELIMINARY DECLARATION

1.1 I declare that I am over eighteen (18) years of age and that I am of full legal capacity and of sound mind, memory and understanding at the time of making this Will.

1.2 I declare that this my Last Will and Testament reflects my own free and voluntary wishes, made without any coercion, fraud, undue influence or misrepresentation whatsoever.

1.3 I hereby revoke all former Wills, codicils and testamentary dispositions of every kind heretofore made by me, and I declare this to be my Last Will and Testament.

§ 2 — APPOINTMENT OF EXECUTOR(S)

2.1 I hereby appoint ________ of ________ to be the Executor and Trustee of this my Will (hereinafter referred to as “my Executor”, which expression shall where the context so admits include the executor for the time being acting in the trusts hereof).

2.2 In the event that the Executor named in §2.1 shall predecease me, or shall be unable or unwilling to act, I appoint ________ of ________ to be the Executor and Trustee of this my Will in his/her stead.

2.3 I direct that my Executor shall be entitled to apply for and obtain a grant of probate of this my Will from the Probate Registry of the High Court of ________ State.

§ 3 — POWERS AND DUTIES OF THE EXECUTOR

3.1 In addition to all powers conferred by law, my Executor shall have the following powers and duties in respect of my estate:

(a) to collect, gather, secure and take possession of all my assets and properties, and to prepare and maintain a full inventory of all my properties as at the date of my death;

(b) to take all lawful steps to ensure that probate of this Will is obtained promptly and that the administration of my estate is concluded in a timely manner;

(c) to pay all my just debts, funeral and testamentary expenses, taxes, estate duties and other lawful liabilities out of my estate;

(d) to notify every beneficiary of his or her entitlement under this Will and to distribute my estate to the beneficiaries in accordance with the terms hereof;

(e) except as otherwise provided in this Will, to invest, manage, lease, mortgage, sell or otherwise dispose of any property belonging to my estate;

(f) to retain, insure, repair and improve any property forming part of my estate;

(g) to commence, defend, compromise, settle or otherwise deal with any claim, action or legal proceeding by or against my estate;

(h) to engage solicitors, accountants, valuers and other professional advisers as may be necessary for the proper administration of my estate, and to pay their reasonable fees out of my estate;

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§ 4 — DISPOSITION OF SPECIFIC GIFTS

4.1 I give, devise and bequeath unto ________ of ________ the following gift(s), free of all encumbrances:

________

4.2 Should any beneficiary named under §4.1 predecease me, or fail to survive me in accordance with §6, the gift made to such beneficiary shall lapse and fall into and form part of the residue of my estate.

§ 5 — DISPOSITION OF RESIDUARY ESTATE

5.1 I give, devise and bequeath the whole of the residue of my estate, both real and personal, of whatsoever nature and wheresoever situate, unto all my present and future children in equal shares absolutely.

5.2 In the event that all my children shall predecease me, I give, devise and bequeath the residue of my estate unto ________ of ________ absolutely.

§ 6 — APPOINTMENT OF GUARDIAN

6.1 In the event that any of my children shall be below the age of majority at the time of my death, I hereby appoint ________ of ________ to be the guardian of such child or children until each of them attains the age of majority.

6.2 Should the guardian named in §6.1 be unable or unwilling to act, I appoint ________ of ________ to act as guardian in his/her stead.

§ 7 — SURVIVORSHIP

7.1 A beneficiary under this Will shall be deemed not to have survived me if such beneficiary dies within thirty (30) days of my death, and this Will shall take effect as though that beneficiary had predeceased me.

§ 8 — SEVERABILITY

8.1 If any provision of this Will is found to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remaining provisions hereof, which shall continue to be valid and enforceable to the fullest extent permitted by law and in accordance with my wishes.

§ 9 — DECLARATION OF SOUND MIND

9.1 I declare that I make this Will freely and voluntarily, being of sound mind, memory and understanding, and that I fully understand the nature, extent and effect of the dispositions contained herein.

9.2 I, ________, the Testator, affirm that at the time of the preparation and execution of this Will, I am medically fit, in good health and of sound mind.

IN WITNESS WHEREOF I, ________, the Testator, have set my hand to this my Last Will and Testament on the ________ day of ________, ________.

SIGNED by the within-named Testator as and for his/her Last Will and Testament in the joint presence of us both who, at his/her request, in his/her presence and in the presence of each other, have hereunto subscribed our names as witnesses.

_______________________________

Signature of Testator

Name: ________

Date: ________

1. WITNESS

Name: ________

Address: ________

Occupation: ________

Signature: ......................................................................................................................

Date: ________

2. WITNESS

Name: ________

Address: ________

Occupation: ________

Signature: ......................................................................................................................

Date: ________

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