Department of Private & Property Law

Permanent URI for this community

Now showing 1 - 1 of 1

Open Access
ADEKILE, O (2008) “Family and Dependents’ Rights to Financial Provision under the Will Statutes in Nigeria” Law and Real Property Rights in Nigeria. Essays in Honour of Prof J. A. Omotola I. O. Smith Edn. pp. 255- 276.
(Department of Private and Property Law, Faculty of Law, University of Lagos, 2008) Adekile, O.
The paper interrogates the provisions of the wills statutes that provide family members of a testator with the right to apply for reasonable financial provisions: it compares these Nigerian statutes with similar legislation in England. It underscores the rationale of family provision legislation: to correct inequities and exclusions in property rights; to fill the gap in the created by the absence of a matrimonial property system, the need to reduce the burden on tax payers, absence of social security, co- ownership theory, the need for spousal entitlement that was wider than maintenance and dependency. It examined the powers of the courts under the wills statutes in Nigeria and concludes that whilst the provisions perform an altruistic role, the powers of the courts should be properly articulated to avoid judicial will making and legislation.