1.7 WHERE SHOULD A WILL BE KEPT?
Wills must be kept safe by the testator. These measures are necessary to prevent incidents of forgery, falsification and destruction of the will by other persons who might have interest in the estate of the deceased. A will could be kept in any of the following places for safe custody.
1. Probate Registry: Each High Court of the state has a probate division. It is located at the headquarters of the High Court. A copy of the will, submitted, would be sealed and kept by the Probate Registrar, upon payment of appropriate fees.
2. Kept in any safe place at the home of the testator: The testator may decide to keep a copy of the will in any secret and safe place in his house. It is advisable, that he shows any trusted member of the family where the Will is kept especially in a monogamous marriage. This will avoid the difficulty that might be encountered by his family searching for the will.
3. With the Executor: A copy of the will could be kept with the executor of the will. As would be discussed later, it is not advisable to appoint a person an executor without his consent. This is because, he may renounce the appointment, and by consequence refuse to prove the will or obtain probate.
4. The Solicitor that drafted the Will: A copy of the will could be kept by the solicitor that prepared it.
5. Bank: The testator could also keep a copy of the will in the bank. Banks render this service to their customers by which they keep, for a fee, valuable items of their customers.
6. Trust Companies: The testator could lodge a copy of the will with a trust company for a fee.
1.8 TYPES OF WILL
1.8.1 Holographic Will
This is a will entirely written and executed (Signed) by the testator himself alone without any other person.
1.8.2 Joint Will
It is a will where two or more persons execute the same will by which they give out their personal or joint properties to beneficiaries of their choice. Though it is one document, it is seen as separate wills of the testators. Therefore, none of the testators requires the consent of the other to amend or revoke the will.
1.8.3 Mutual (or reciprocal) Will
This is the oral directive of someone made in anticipation of death before a credible witness. Such directives are usually enforced with the consent of the testator’s family.
Although a nuncupative will is made in anticipation of death, the person making it need not be on his death bed when making it. It can be made either in good or bad health
1.8.4 Privileged Will
This is a will made by persons who have been given special concession as to form, age and mode of execution and attestation.
1.8.5 Social Media Will
Social media is a part of daily life and some of us have created substantial online content. If you are active online, you should consider creating a statement of how you would like your online identity to be handled. You should appoint someone you trust as an online executor. This person will be responsible for the closure of your email addresses, social media profiles, and blogs after you are deceased. In creating a social media will, note the following.
220.127.116.11 Review the privacy policies and the terms and conditions of each website where you have a presence.