Administration of Estate (33)
HELD:
"Section 4 (1) of the Wills Law of Lagos State states the conditions for the validity of a Will as follows:
HELD:
"By virtue of Section 1 (3) of the Administration of Estate Law, customary law of succession applied to the inheritance of the residual estate, once the portion due to the spouse is reckoned without.
HELD:
"Sub-Section (1) of the Section 49 of the said law providing that "the residuary estate of an intestate shall be distributed in the manner - mentioned in this Section" was not at all considered. Table (3) under Section 49 (1) of the Law provides inter alia:
HELD:
"The Appellant has contended that the Will did not emanate from proper custody.
HELD:
"Where there is a dispute as to a Will, those who uphold it must clearly show by evidence that prima facie the Will is in order that is to say that there has been due execution.
HELD:
"Order 56 Rule 4 of the High Court (Civil Procedure) Rules 2009 of Akwa Ibom State provides as follows:
HELD:
"A Will is a creation of statute.