Critique of the Legal Dialectics Vis-A-Vis the Appraisal of the Rules of Construction of Wills in Nigeria

Authors

  • E. O. Oviosu Faculty of Law, University of Benin. Edo State.
  • Oyovwikerhi Imomi-Ogbe College of Law, Western Delta University, Oghara, Delta State

Keywords:

Succession, Testate, Intestate, Will, Testator, Beneficiaries

Abstract

The article examines and critique the legal dialectics vis a vis the appraisal of the rules of
construction of wills in Nigeria, the specific rules of construction of wills, general rule of
construction of wills, reformation: allowing extrinsic evidence to resolve ambiguities, the nature
and validity of testamentary contracts and promise, validity of testamentary contracts and
promises, remedies for breach of testamentary contracts and promises, when to file a claim,
enforceable types of testamentary contracts and promises. The power of the court looks at the
circumstances around the case and take evidence as to what was said or done but this is with a
view to the proper interpretation of the Will itself, not in order to see whether it could be improve
upon. The article concludes and recommend the adoption of the South African Law Commission
empowering the court to declare a will revoked in part or in whole, where it is satisfied that the
testator intended such a revocation, especially where the testator's intention is apparent from the
will or other document.
 

Author Biographies

E. O. Oviosu, Faculty of Law, University of Benin. Edo State.

E. O. Oviosu, BL, PhD, Department of Private and Property, Faculty of Law, University of Benin. Edo State.
 

Oyovwikerhi Imomi-Ogbe, College of Law, Western Delta University, Oghara, Delta State

Oyovwikerhi Imomi-Ogbe, Lecturer 1, Department of Jurisprudence and International Law, College of Law,
Western Delta University, Oghara, Delta State. 

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Published

2023-11-07

Issue

Vol. 10 No. 2 (2023): NNAMDI AZIKIWE UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY LAW

Section

Articles