Incurring the Ghost of a Dissatisfied Testator: Expostulation on the Derogation of Testamentary Capacity in Nigerian Law of Succession

Abstract

A Will is a disposition or declaration by which the person making it, among other things, provides for the distribution and administration of his estate after his death. It is ambulatory. The testator’s expressed wish is said to be sacrosanct. Some provisions of the law have however divested the testator of this glorious position. This work examines these restrictions and submits that they negate the real purport of a Will and that the restrictions are unnecessary because they deny the power of the testator.