African Philosophy of Will Making: An Examination of Efficient Pathways to Distribution of Family Wealth
Authors:
OYAGIRI Buduka
Publication Type: Chapters in Books
Journal: Babcock Essays On Contemporary Legal Issues: Law, Science And The Politics Of Knowledge In Africa
ISSN Number:
0
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Abstract
ABSTRACT
In Africa, cultural values, norms and morals are highly cherished. Most African countries have their methods and traditions, and this also applies to the issue of passing down of inheritance to the beneficiaries. In Nigeria, for example, when a person dies, different ethnic groups have their own specific way of sharing the properties of the deceased. Overtime, the English Laws brought about the English way of distribution of inheritance, through a document known as the “Will”. Many Africans now write out the manner in which they want their properties to be distributed before they die, and this is revealed after their death. Therefore, the main objective of this work is an examination of effective pathways to efficient distribution of family wealth in Africa with particular reference to Nigeria. In order to preserve some African traditions and values, limitations have been put in place to limit the freedom to make Wills. This paper analyses the African concept of Will making. The qualitative approach is used to appraise the limitations to the testamentary freedom to make Wills. The study concludes that although the concept of “Will Making is a good improvement, the limitations are also important for an efficient distribution of Family wealth in African. The paper however recommends that there is a need to strike a balance between the desires of the deceased testator and the provisions of the different statutory limitations. This will enable a fair distribution of family wealth when the situation arises.