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Customary Law and Freedom of Testamentary Power

Published online by Cambridge University Press:  28 July 2009

Extract

The extent to which customary law restricts the freedom of testamentary power (if at all) has given rise to a spate of cases right up to the Supreme Court, in which the courts have attempted to interpret and apply section 3(1) of the Wills Law (1958) of Western Nigeria, which currently applies to Lagos, Ogun, Osun, Ondo, Edo and Delta States. Section 3(1) of the Wills Law of all these States provides thus:

“Subject to any Customary Law relating thereto, it shall be lawful for every person to devise, bequeath or dispose of, by his will executed in a manner hereinafter required, all real and all personal estate which he shall be entided to, either in Law or in equity, at the time of his death and which if not so devised, bequeathed and disposed of would devolve upon the heir at law of him, or if he became entided by descent, of his ancestor, or upon his executor or administrator”.

Type
Articles
Copyright
Copyright © School of Oriental and African Studies 1995

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References

1 [1991] 6 N.W.L.R. (Pt 198) 382.Google Scholar

2 Suit No. S.C. 309/71.

3 See Ogunmefun v. Ogunmefen (1931) 10 N.L.R. 82, Taylor v. Williams (1935) 12 N.L.R. 67, Davies v. Sogunro & Ors (1936) 13 N.L.R. 15.

4 At 422.

5 At 408.

6 At 420.

7 See above, n. 3.

8 At 427.

9 At 430 (emphasis added).

10 At 430.

11 At 433–34.

12 [1992] 2 N.W.L.R. (Pt 221) 98.Google Scholar

13 At 122 (emphasis supplied).

14 [1967] N.M.L.R. 245.

15 [1993] 2 N.W.L.R. (Pt 274) 158.Google Scholar

16 At 176.

17 At 177.

18 At 177 (emphasis added).

19 At 406.

20 Agidigbi v. Agidigbi, at 125.