International records / OpenAlex research

Customary Law and Freedom of Testamentary Power

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…