Osibona Family Clash: Where there is a will, the law will not enforce it in these 3 situations

It is no longer news that there has been a clash between Mr Femi Osibona’s wife and his siblings regarding who lays claims to the deceased properties. According to reports, a source hinted that although there was a will in existence, but problems like these were common when a man dies.

Although under the Wills Act, a testator can give his property to whomever he chooses or desires to. However, there are certain situations where even though a deceased person wrote a will, there will be restrictions on such dispositions.

In this article, we would consider those restrictions that can hinder a person from freely bequeathing his property to who he wishes. They are:

1. Where the deceased should have provided for a certain set of people referred to as ‘dependents’. According to Section 2 of the Wills Law Lagos State, where a person dies and is survived by wives, husband or children, he is entitled to make reasonable provision for them after his death.

Failure to do so, such dependents can apply to the court to seek for remedy.

2. Section 1 of the Wills Law of Lagos State states that every person has a right to share his property the way he wishes provided that such property is not under the customary law restriction which the deceased was subject to before his death.

There are certain areas in Nigeria where according to customary law, certain properties already have who is entitled to inherit them. It could be the first son or the family or the testator. Where a testator gives out such property, it will be invalid.

3.Where a deceased person was subject to Islamic Law before his death, he must dispose of his properties in accordance with that law. Failure to do so would render such disposition invalid.

In the case of Adesubokun V Yunusa, the court affirmed this position and held that where a peson was subject to Islamic law before his death, his properties shall be shared accordingly.