![What is a WILL
• A will is a creation of statute [a formal written law enacted by the
legislative power].
• A will is a written document made during a person’s life which that
person clearly leaves instructions as to how his/her property should
be managed or divided after his or her death. This document may also
include any other wishes such as burial place, arrangement of last
funeral rites and the installation of heir or next of kin](https://image.slidesharecdn.com/presentationonwillsautosaved-250605100239-a5ddbb90/85/Presentation-on-Wills-Autosaved-in-Cameroon-pptx-3-320.jpg)
![What should a WILL contain
[content]
• To be valid a will must conform with the requirements prescribed by relevant statutes
• A will should contain the following
The makers Full names and personal details such as date and place of birth, tribe, place of origin and names of parents
Address if any
Residential address – village, town or where he/she resides
Name of wife/wives or husband/husbands and place and date of their marriage
The number and names of heir or heiress
Full description of property E.g. land , house(s) vehicles and other belongings
The names and addresses of the people, i.e. the wife/ wives , children and relatives, if any to whom one is leaving the property and how much property is to be
distributed after death.
The Executor/Executrix i.e. one appointed to carry out the instructions and wishes of the WILL.
Name of persons appointed as guardian to a minor
Signature or thumb mark of WILL maker
Date when the will has been made
Names and addresses of at least two witnesses
• The following information is equally important
i. If Employed; indicate Name and address of employer, date of employment, rank, salary and benefits you're entitled to.
ii. Address of commercial businesses you're indulged in , or economic interest, name of partners, type of shares nature of transactions
iii. Insurance policies and benefits
iv. Name and address of banks where you n=maintain accounts, indicating account numbers
v. Your burial wishes, place and how it should be done
vi. Names and places where you have kept copies of the will.](https://image.slidesharecdn.com/presentationonwillsautosaved-250605100239-a5ddbb90/85/Presentation-on-Wills-Autosaved-in-Cameroon-pptx-5-320.jpg)
![In what form and language should a will be
made[form]
• Under the law there is no form or order in which a will is required to be. It can be
short or long, it can be in any language of your choice provided it can be clearly
understood
• However it MUST be written. The only persons permitted to make oral wills are
soldiers and the Marine, but the oral will cease one month after the war has
ended or after the mariner has returned from sea respectively.](https://image.slidesharecdn.com/presentationonwillsautosaved-250605100239-a5ddbb90/85/Presentation-on-Wills-Autosaved-in-Cameroon-pptx-6-320.jpg)
Presentation on Wills [Autosaved] in Cameroon.pptx
- 1. Presentation on Wills By Bro, Barrister Yijofmen Kol Mani Fortunatus Member of the Nigerian and Cameroon Bar Associations Simple Guide How to make a will under Anglophone System
- 2. Introduction • Many people die without making a will. They leave a lot of confusion behind them when they die, some do so out of ignorance or simply out of fear because writing a will is associated to death. • Writing a will is like cleaning your house and setting it in order • You don not have to clean the house only when you're expecting a visitor. • Experience have shown that people who have wills do not have sudden and unexpected death. • The tidier your affairs, the more you are saved from an unexpected end. • Most women think that they do not have to make a will or is made by men or people who have estates or a lot of money, this is a fat lie, call it a fallacy, anyone above 18 years can make a will. • This presentation is intended to assist you know about law of inheritance generally, and specifically, who can make a will, how to make a valid will which will not be disputed after ones death and the advantages of making a will.
- 3. What is a WILL • A will is a creation of statute [a formal written law enacted by the legislative power]. • A will is a written document made during a person’s life which that person clearly leaves instructions as to how his/her property should be managed or divided after his or her death. This document may also include any other wishes such as burial place, arrangement of last funeral rites and the installation of heir or next of kin
- 4. Who can make a WILL • Any person in Cameroon, male or female, married or single • 21 years of age ( soldier at war or a marine at the sea can make it at the age of 18) • Not insane (an insane person can make one during lucid moments) • Is acting voluntarily on his or her own will ( The person must not be too sick or drunk not understand what he/she is doing.
- 5. What should a WILL contain [content] • To be valid a will must conform with the requirements prescribed by relevant statutes • A will should contain the following The makers Full names and personal details such as date and place of birth, tribe, place of origin and names of parents Address if any Residential address – village, town or where he/she resides Name of wife/wives or husband/husbands and place and date of their marriage The number and names of heir or heiress Full description of property E.g. land , house(s) vehicles and other belongings The names and addresses of the people, i.e. the wife/ wives , children and relatives, if any to whom one is leaving the property and how much property is to be distributed after death. The Executor/Executrix i.e. one appointed to carry out the instructions and wishes of the WILL. Name of persons appointed as guardian to a minor Signature or thumb mark of WILL maker Date when the will has been made Names and addresses of at least two witnesses • The following information is equally important i. If Employed; indicate Name and address of employer, date of employment, rank, salary and benefits you're entitled to. ii. Address of commercial businesses you're indulged in , or economic interest, name of partners, type of shares nature of transactions iii. Insurance policies and benefits iv. Name and address of banks where you n=maintain accounts, indicating account numbers v. Your burial wishes, place and how it should be done vi. Names and places where you have kept copies of the will.
- 6. In what form and language should a will be made[form] • Under the law there is no form or order in which a will is required to be. It can be short or long, it can be in any language of your choice provided it can be clearly understood • However it MUST be written. The only persons permitted to make oral wills are soldiers and the Marine, but the oral will cease one month after the war has ended or after the mariner has returned from sea respectively.
- 7. What should be done to ensure that a WILL is valid under the Law (minimum formal requirements of a valid Will ) • In order to safeguard your will from being contested after your death, you should ensure that; i. When you are distributing your property under the will , make sure you have provided for your spouse (W/H) and ALL your children (legitimate and illegitimate) and those relatives who wholly or substantially dependent on you for their livelihood. Please the matrimonial home (s)should NEVER be given away in the will unless you have made specific and adequate provision for the your wife (wives) ii. You must sign or thumb mark at the last page of the will ( others sign on all the pages, this move is smart move to avoid substitution by fraudulent people) iii. Indicate the date it was made, you can include the date wherever you sign in the WILL iv. Request at least two people to act as witnesses to your WILL, these witnesses should be at least 21 years of age and should NOT be people you have given property in the WILL, otherwise they will lose all their property under that will; the will SHOULD NOT be read by the witnesses, they should not know the content; however the maker must put his signature in the presence of their witnesses
- 8. What invalidates a WILL • A Will, will be declared invalid by a court if any one or more of the following situations is proved by those contesting it i. That it was made by a person who was insane or senile and there did not understand what he or she was doing. ii. That it was made under duress (cajoled to do so by force); that the maker was not acting voluntarily iii. That it is ambiguous and therefore the wishes of the maker cannot be ascertained. iv. That the property which formed the subject matter of the WILL was disposed of or destroyed before the death of the maker( you cannot give what you don’t have) v. The WILL omitted to adequately provide for the wife / wives or husband, minor children below the age of 21 years and those dependent relatives who totally or substantially depended on the deceased for providing their necessities (of life. vi. That the maker made another will after the one being contested. vii. That the WILL was not signed by the maker and/or his witnesses * It should be noted that, if the will is declared invalid by the court the property of the WILL will be disposed of in accordance with the provisions of the law relating to person who have not made a will (intestacy)
- 9. CAN A WILL BE CHANGED A WILL can be changed in any of the following cases. i. If a WILL is made where one is not yet legally married. It is a legal requirement that it should be changed after his/her marriage ii. When one marries again after divorce or death of a husband or wife iii. When the maker desires to change it either in whole or in part. For example on loosing or getting more property or children or both. It should be noted however that if two or more WILLS are produced after the maker’s death , the last one to be made is taken as the valid one, PROVIDED it qualifies as a valid WILL.
- 10. WHO CAN BE AN EXECUTOR ? Any one of the following people can be appointed an Executor of a WILL i. Your wife/husband ii. Your children who are 21 years of age and above iii. Your brother or sister iv. A responsible and trusted friend v. A relative vi. A bank vii. A religious leader viii. The Administrator General It should be noted that any of these people or institution may be appointed jointly or with others.
- 11. WHAT ARE THE DUTIES OF THE EXECUTORS NAMED IN A WILL i. To perform the funeral of the deceased in a manner befitting his or her status at the time of his/her death. ii. To report the death to the office of the Administrator General snd prepare a death certificate iii. To apply to court within one month from the burial of the deceased to have the WILL proved and get the necessary powers to look after the deceased property to be granted to him or her. iv. To collect with reasonable care the property of the deceased and any debts due to him/her at the time of death v. To keep the property safely pending receiving powers from court enabling him/her to distribute or otherwise deal with his/her property vi. To pay debts Eg , medical bills, salary of labourers and domestic servants and other debts of the deceased if funds are available. vii. To prepare an inventory containing a full and true estimate of all the property, all money received and all debts owing or due to be paid viii. To make an account o the estate within six months of the grant showing the assets which have come into his/her hands and manner in which it has been applied or disposed of. ix. To maintain out of the funds of the deceased (if available), the widow , children and dependent relatives including payment of school fees of children x. To distribute the property of the deceased in accordance with the wishes of the deceased stated in the WILL after complying with all the above requirements *** Note should be taken here The executor does not have the right to utilize the property he/she is administering for his /her own use or benefit An Executor must give an account to Court as to how the property has been distributed, and failure to do so will result to his/ her powers to administer the estate removed by the court, if found guilty to has mismanaged the property he could be punished by imprisonment or made to compensate the beneficiaries for the loss
- 12. WHAT HAPPENS IF NO EXCUTOR IS NAMED? Where the WILL does not name executors, close persons for example a widow or widower, heir or adult children, may individually or jointly apply to the court for authority to deal with the property and to attend to other affairs of the deceased. Persons with the largest share of the property should preferably be the ones to apply to the Court. These persons are also entitled to apply for letters of administration where the people named as executors in the WILL are not willing to take up responsibility
- 13. WHERE SHOULD A WILL BE KEPT? i. Bank manager ii. Reverend /church priest iii. Imam iv. Headmaster/mistress v. Responsible and trusted friend vi. Your lawyer vii. The Administrator General
- 14. WHAT THEN ARE THE ADVANTAGES OF MAKING A WILL ? Where a WILL has been made Where a WILL has not been made The wishes of the deceased are known and be followed No one knows the wishes of the deceased and so relatives and clan leaders may assume responsibility to distribute the property as they wish The widow and her children are protected from greedy relatives Likelihood of dependents to face opposition from greedy relatives The property of the deceased id distributed in an orderly manner The family is likely to face disputes with far reaching consequences arising from distribution of property Grabbing of property by greedy relatives is eliminated Property maybe stolen or snatched by greedy relatives All property can easily be collected as the WILL gives a detail description of ALL property Some of the property not known by the wife or relative will be lost The paternity of Children will not be disputed Children especially those born out of wedlock or outside the marriage of deceased maybe disputed by different parties and such children may lose their share of the property.
- 15. DEFINITIONS Of words used Words which have been defined in alphabetical order are child or children, customary heir, dependent relatives, estate, executor, executrix. Child or Children : Children born during or outside marriage and adopted Customary heir or next of kin: Person appointed by the deceased or family or clan to succeed deceased. Deceased : dead person Dependent relatives: a wife, husband, a son or a daughter below or 18+ substantially dependent on deceased for providing necessities of life. - A parent, brother or a sister, a grandparent or a grand child or on the death of the deceased was wholly dependent on him for necessities Estate : All fixed property and moveable property eg houses, cash in the bank and money owed the deceased Executor : means male person appointed in the last WILL of the Deceased to implement the terms of the Will Executrix: a female “ “ “ “.