Vol. 6, Issue 3 (2020)
Effect of will on those subject to customary Law in Nigeria
Author(s): Patricia Izuka Tom, Saka Toyin Abdulrahman
Abstract: The word “Will” either refers in a metaphysical sense to all that a person wishes to happen on his or her death. Under the customary law, a Will is unwritten, but with the different traditions in the Nigerian system of customary law, succession; inheritance are the bedrock of passing property to a testator's next of inheritance. Wills under this nature are done based on the laid down rules and regulations or rather the customs and traditions of a particular tribe in practicing the devolution of one's property after the death of a testator. With the received English law of the Wills Act of 1837, the Customary Law of Succession began to face problems. People began to make choices of which law to follow, and by so doing the customary law of the indigenous Nigeria subject to customary law was greatly affected. Nevertheless, this Essay will discuss the concepts of the Wills Act and that of the Customary Law with reference to those subject to customary law. It will also analyze the mode or ways in making a will and the requirements for the creation of a will. In the concluding part of this Essay, the problems and effects will be discussed with a view to suggesting, where necessary.