HOW TO WRITE A FINAL WILL AND TESTAMENT FOR SHARING YOUR PROPERTY | LAWYER / SOLICITOR'S GUIDE


DEFINITION OF WORD, PHRASES AND CLAUSES CONTAINED IN THIS LAST WILL OF (NAME HERE)
It is now agreed that in this last will of (NAME HERE) that unless the context or subject matter otherwise requires:
(i)        “Houses” means each of the wives of (NAME HERE) and their surviving children
(ii)       “Land” Means empty plot that has no structure on it.
(iii)     “Structures” means make shift or uncompleted building erected on land with appurtenances.

(iv)      “Buildings” means completed building only with appurtenances therein.
(v)       “Family house” means the testator’s building in his village which he build and resides init with his family.
 (vi)     “Children” means male and female children born for the testator by her wives only.
(vii)    “Ancestral house” means buildings/lands inherited by the testator from his own family.
(viii)   “Family” means wives, and children of the testator and member of the testator family appointed by the testator.
(ix)      “Order of seniority “ means arrangement according to order of their marriage to the testator.
(x) “Ancestral customary family house inheritance” means the buildings /structures /lands situate, being and lying at the testator’s village which he shares commonly with other surviving relatives sharing the same progenitors with him   

THE LAST WILL AND TESTAMENT

OF

(NAME HERE)

I, (NAME HERE), a native of Ndiedu, Ndiodo village, Akanu, Ohafia Local Government Area, Abia State, Nigeria, now residing at No 19 Ogbaga Road, kpiri-kpiri, Abakaliki, Ebonyi Local Government Area, Ebonyi State, Nigeria, do hereby solemnly make, present, publish and declare willfully, without any undue influence this will to be my lost will and testament. And I hereby expressly revoke all other wills and codicils make by me.

ARTICLE I

I willfully, in good faith with out any undue influence bequeath my family house at Ania, Uzo Ndi Uduma to my surviving sons according to their order of sonority as follows:
(a)       I bequeath one room from the main building with palour comprising of dinning at my family house at Ania, Uzo Ndi Uduna to my first son Omiko Oburu Omiko.
(b)       I bequeath one room from the main building at my family house at Ania, Uzo Ndi Uduma to my son Omiko chika.
(c)       I bequeath one room from the main building at my family house at Ania, Uzo Ndi Uduma to son Ikechukwu Omiko.
(d)       I bequeath one room from the main building at my family house at Ania,, Uzo Ndi Uduma to my son Kalu Omiko.
(e)       I bequeath one room from the main building at my family house to my son Omiko Ogechi.
(f)        I bequeath one room from the main building at my family house at Ania,, Uzo Ndi Uduma to my son Uduma Omiko.
(g)       I bequeath one room from the main building at my family house at Ania,, Uzo Ndi Uduma to my son Omiko Okechukwu.
(h)       I bequeath one room from the main building at my family house at Ania,, Uzo Ndi Uduma to my son Ugochukwu Omiko.


And in the event that any of my sons shall not survive me in respect to his  bequeath arising form my family house only at Ania, Uzo Ndi Uduma, then, I shall bequeath such legacy to his siblings form his mother’s house.

(i)        I bequeath two rooms only at the back side of the main building at my family house at Ania, Uzo Ndi Uduma to my first wife Omiko Hannah.
(j)        I bequeath two rooms only at the back side of the main building at my family house at Ania, Uzo Ndi Uduma to my second wife Omiko Comfort.
(k)       I bequeath two rooms only at the back side of the main building at my family house at Ania, Uzo Ndi Uduma to my third wife Omiko Florence.
(l)        I bequeath two rooms only at the back side of the main building at my family house at Ania, Uzo Ndi Uduma to my fourth wife Omiko Janet.

And in the event that any of my wives shall not survive me in respect to her bequeaths arising form my family house at Ania, Uzo Ndi Uduma, then, I shall bequeath all such bequeaths to all the sons of such deceased wives(s).
  
ARTICLE 2

I bequeath willfully, in good faith with out duress my building (2 story building) comprising six flats at Health centre by Uzo Isugu Akanu Ohafia, Ohofia Local my four(4) Houses according to their order of seniority as follows:

(a)       I bequeath one flat in my building (2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia state to the House of my first wife Omiko Hannah.
(b)       I bequeath one flat in my building (2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia state to the House of my second wife Omiko Comfort.
(c)       I bequeath one flat in my building (2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia state to the House of my third wife Omiko Florence.
(d)       I bequeath one flat in my building (2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia state to the House of my fourth wife Omiko Janet.

And in the event that any of my child or children and wives shall not survive me in respect to the bequeath to their respective Houses arising form my building (2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia State; then, I shall bequeath such legacy to the surviving children and or wife(s) in the respective houses.

(e)       I bequeath two (2) flats on the grand floor in my building (2 story building)            at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia L.G.A, Abia          State   to my four(4) houses to be used for commercial purpose only.

(f)        The proceed accruing from all commercial venture arising from my said     two(2) flats on the ground floor in my building (2 story building) at Health          centre by Uzo Isugu, Akanu Ohafia, Ohafia L.G.A, Abia State shall be   shared equally by my four(4) houses monthly or as may be determined by             them.

And in the event that any of my children shall not survive me in respect to the bequeath arising from two(2) flats on the grand floor in building (2 story building) at health centre by Uzo Isugu, Akanu Ohafia Ohafia L.G.A, Abia State, which is mentions described in Article(2) (e), then, I shall bequeath such legacy to the surviving children of such my deceased child and or children from such house(s).

ARTICLES  3

I, in good faith, devoid of my duress, willfully bequeath the share of my customary inheritance of my family ancestral house (a story building) at Ndi Edu (Ime Ezi), Akanu, Ohafia L.G.A, Abia state to my surviving sons.
           
And in the event that any of my sons shall not survive me in respect to this bequeaths arising from my family ancestral house (a story building) at Ndi Edu. (Ime Ezi) Akanu, Ohafia L.G.A, Abia state, then, I shall bequeath such legacy to the surviving child or children of such my deceased child and or children.







ARTICLE 4

I, in good faith, will fully bequeath my 2 story building at Ime Ogo before Ndi Anya, Akanu Ohafia L.G.A, Abia State to the four (4) Houses.

Being a commercial building, the proceeds accruing from(2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia L.G.A, Abia State shall be shared by the four (4) Houses equally.

And in the event that any of my child or children and wives shall not survive me in respect to the bequeaths arising from my 2 story building at Ime Ogo before Ndi Anya, Akanu Ohafia L.G.A, Abia State, then, I shall bequeath such legacy to the surviving child or children from the respective house(s).

ARTICLES 5

I, solemnly in good faith, without any undue influence willfully bequeath my two(2) different plots of land at paradise (Achi) Oko Raod, Akanu, Ohafia L.G.A., Abia State to my two(2) sons  as follows:

(a)       I bequeath one plot out of my two(2) different plots of land at Paradise       (Achi) Oko road, more precisely mentioned, described and expressed in          survey plan No HSL /AB 007 / 2011 as Igboro Nna Egbuta Oko road, in             Akanu Ukwu Autonomous community, Ohafia LGA, Abia State to my son             Ogechi Omiko   
            Road, Akanu, Ohafia L.G.A., Abia State to my my son Omiko Kalu.
(b)              I bequeath one plot out of my two(2) different plots of land at Paradise (Achi) Oko road at Igboro Nna Egbuta Oko road, in Akanu Ukwu Autonomous community, Ohafia LGA, Abia State to my son Kalu Omiko.

And in the event that any of my two (2) sons: Ogechi Omiko and Kalu Omiko shall not survive me in  respect to their respective bequeath arising from my two(2) different plots mentioned, described, delineated and expressly shown in Article 5 (a) (b) above, then, I shall bequeath such legacy to the surviving child or children of such my deceased child or children.

ARTICLE 6

I, willfully in good faith do hereby bequeath my four(4) plots of land at Uzo Ndi Uduma opposite my residence at Ania, Akanu, Ohafia L.G.A, Abia State which was intended to be used for filling station to my four (4) Houses.

(a)       I declare that all that my four(4) plots of land at Uzo Ndi Uduma opposite my residence at Ania, Akanu, Ohafia L.G.A, Abia State which was       intended to be used for filling station shall be delineated, partitioned,    delimited and shared by my four(4) houses in the ratio of a plot of land       each to respective houses

And in the event that any of my child or children from each of my four(4) houses not survive me in respect to  my four(4) plots of land at Uzo Ndi Uduma opposite my residence at Ania, Akanu, Ohafia L.G.A, Abia State, then, I shall bequeath such legacy to the surviving child or children of such house(s).




ARTICLE 7

I in good faith, willfully bequeath my parcel of land at Uzo Isugu, Akanu, Ohafia L.G.A, Abia state, more particularly mentioned, described and clearly shown in survey plan No: HSL / AB 013 / 2011 as Abuo Akanu Ukwu Autonomous community, Ohafia LGA Abia State to my four(4) houses.

(a)       I declare that all that my parcel of land at Uzo Isugu, Akanu, Ohafia L.G.A,             Abia State, more particularly mentioned, described and clearly shown in           survey plan No: HSL / AB 013 / 2011 as Abuo Akanu Ukwu Autonomous community, Ohafia LGA Abia State shall be delineated, partitioned,             delimited and shared by my four (4) houses in the ratio of a plot of land      each to respective houses

And in the event that any of my child or children from each of my four (4) houses not survive me in respect to my parcel of land at Uzo Isugu, Akanu, Ohafia L.G.A, Abia State, then, I shall bequeath such legacy to the surviving child or children of such house(s).
           
ARTICLE 8

I, in good faith, solemnly do hereby bequeath willfully my one story building comprising 4 flats situate, being and lying at Ogbo hill, beside NTA channel 6 Aba, Abia state to my two (2) Houses: Hannah Omiko’s house and Janet Omiko’s house in order of their seniority as follows:

(a)       I bequeath 2 flats out of the 4 flats in my one story building at Ogbohill       Aba, beside NTA channel 6 Aba, Abia state to the House of Hannah        Omiko.
(b)       I bequeath 2 flats out of the 4 flats in my one story building at Ogbohill       Aba, beside NTA channel 6, Aba Abia State to the House of Janet Omiko.

And in the event that any of my child, children or wives from any of the Houses shall not survive me in respect to this bequeath arising from the 2 flats each out of the 4 flats contained in my one story building at Ogbohill Aba, beside NTA Channel 6 Aba, Abia State, then, I shall bequeath such legacy to the surviving child or children from such House(s).

ARTICLE 9

I, solemnly in good faith, without any undue influence bequeath willfully my buildings with appurtenance situate, being and lying at NEPA Line, Aba, Abia State to my two (2) Houses: Comfort Omiko’s house and Florence Omiko’s house  in  order to their seniority in equal proportion as follows:

(a)       I bequeath half portion of my building with appurtenance situate, being and lying at NEPA Line, Aba, Abia State to the House of Omiko Comfort.
(b)       I bequeath half portion of my building with appurtenance situate, being and lying at NEPA Line, Aba, Abia State to the House of Omiko Florence

And in the even that any of my wife(s) child or children from any of the Houses shall not survive me in respect to the bequeath arising form half portion of my   building with appurtenance situate, being and lying at NEPA Line, Aba, Abia State, then I shall bequeath such legacy to the surviving child or children form such House.




ARTICLE 10

I, solemnly in good faith willfully without any duress bequeath my building at No 30 Udensi Street, Abakaliki, Ebonyi State comprising 12 rooms to the House of Omiko Florence. And in the event that any of my surviving child or children from the House of Omiko

And in the event that any of my surviving child or children from the House of Omiko Florence shall not survive me in respect of my said building at No 30 Udensi Street, Abakaliki, Ebonyi State, then, I shall bequeath such legacy to the surviving child or children form such House.

ARTICLE II

I solemnly in good faith with out any undue influence, willfully bequeath my building at No 8 Ogbodudu street, Kpiri-, Abakaliki, Ebonyi State to the House of Omike Comfort.
And in the event that any of my surviving child or children from the House of Omiko Comfort shall not survive me in respect to my said house at No 8 Ogbodudu street, Kpiri-kpiri, Abakaliki, Ebonyi State, then, I shall bequeath such legacy to the surviving child or children of such House.

ARTICLE 12

I willfully in good faithfully without any duress bequeath my four (4) plots of land containing buildings with appurtenances therein at No 7 Omiko Street near water resources, Abakaliki to my sons and relations in the following orders:
(a)       I bequeath one plot of land from behind out of the four (4) plots of land      containing buildings with appurtenances therein at No 7 Omiko Street near             water resources, Abakaliki, Ebonyi state to my son Omiko Kalu.
(b)       I bequeath one plot of land from behind out of my four (4) plots of land containing buildings with appurtenances therein at No 7 Omiko Street near water resources, Abakaliki, Ebonyi state to my son Omiko Ogechi.
(c)       I bequeath one plot of land containing five (5) rooms located at the right side accessing my four (4) plots of land containing buildings with appurtenances therein at No 7 Omiko Street near water resources, Abakaliki, Ebonyi state from the front gate to my relation Elder Philips Mba Agwu.
(d)       I bequeath one plot of land containing loose structure(s) Located at the left side accessing my four (4) plots of land containing buildings with appurtenances therein at No 7 Omiko Street near water resources, Abakaliki, Ebonyi state from the front gate to my relation Uma Okeh Uma and his family.

And in the event that any of my surviving sons and relations mentioned herein in respect to the bequeath in my four (4) plots of land containing buildings and appurtenances therein at No 7 Omiko Street Abakaliki, Ebonyi state shall not survive me, then, I shall bequeath such legacy to the surviving child and or children of my surviving deceased sons and relation. Elder Philip Mba  Agwu and for such other my relation Umah Okeh Uma to the surviving members of his family.
ARTICLE 13

I solemnly in good faith, without any duress willfully bequeath my three(3) story building containing eight (8) flats situate, being and lying at No 19 Ogbaga Road, Kpiri-kpiri, Abakaliki, Ebonyi State to my four Houses in the order of their seniority as follows:
(a)       I bequeath to the House of my first wife Omiko Hannah two (2) flats out of the eight (8) flats in my three (3) story building at No 19 Ogbaga Road, Kpiri-Kpiri, Abakaliki Ebonyi State
(b)       I bequeath to the House of my second wife Omiko Florence two (2) flats out of the eight (8) flats in my three (3) story building at No 19 Ogbaga Road, Kpiri-Kpiri, Abakaliki Ebonyi State.
(c)       I bequeath to the House of my third wife Omiko Florence two (2) flats out of the eight (8) flats in my three (3) story building at No 19 Ogbaga Road, Kpiri-Kpiri, Abakaliki Ebonyi State
(d)       I bequeath to the House of my fourth wife Omiko Janet two (2) flats out of the eight (8) flats in my three (3) story building at No 19 Ogbaga Road, Kpiri-Kpiri, Abakaliki Ebonyi State.

And in the event that any of my child or children, wife or wives form any of the Houses shall not survive me in respect to the bequeath arising from my three(3) story building at No 19 Ogbga Road, Kpiri-kpiri, Abakaliki, Ebonyi state, they, I shall bequeath such legacy to the surviving child or children from such House.

ARTICLE 14

I, solemnly in good faith, devoid of any undue influence, willfully declare and bequeath my business venture: Somik’s quarry Enterprises situate, being and lying at plot 34 Stone Crushers Enterprises Zone, Umuoghara, Ezza North LGA, Ebonyi State as follows.

 (a)      I bequeath my business venture: Somik’s Quarry Enterprises at plot 34       Stone Crushers Enterprises Zone, Umuoghara, Ezza North LGA, Ebonyi          State to my entire family.
(b)       I appoint my relation, Elder, Phillip Mba Agwu to be the General Manager of Somik’s Quarry Enterprises.
(c)       All family members shall crush stone or perform any other function that     may accrue profit to such family member based on the standard practice     stipulated by the management of Stone Crushers Enterprises Zone,     Umuoghara, Ezza North LGA, Ebonyi State.
(d)       I declare that the General Manager shall be remunerated on a monthly salary which shall be subject to upward review and shall be determined by the management.
(e)       I further declare that at all material time while Somiks Quarry Enterprise shall continues in business, profit or proceed accruing from the venture shall be shared in five (5) equal proportions.

My four (4) houses shall received four(4) parts, in the ration of one house to one part, while one(1) part shall be taken by elder Phillips Mba Agwu.

And in the event that any member of my family shall not survive we in respect to the bequeath in Somik’s Quarry Enterprises, then I shall bequeath such legacy to the surviving children to such deceased member of my family.

ARTICLE 15

I appoint my relative: Elder Philips Mba Agwu to be my Executor.
If however my relation Elder Phillips Mba Agwu should not survive me or is un willing, unable, physically incapacitated or of un sound body and mine to complete the administration of my estate, then, my surviving sons shall be my executor.
I direct my Executor to pay any judicially enforceable debts, raise money from my estate and or from any means form my burial or funeral expenses, administrative expenses of my estate. I, further direct that all taxes, rates, levies, (together with any interest or penalties) which shall become payable by me or by reason of my death shall be performed by my Executor out of my estate.

ARTICLE 16

I direct that my executor shall not be remunerated in the event of discharge of this will and other incidentals. I further directs that all reasonable expenses (including legal fees) incurred in the discharge of this will and in the discharge of this will and in the administration of my estate shall be re-embursed to the executor.

ARTICLE 17

In the event of any inconsistency between a provision of my will and any relevant custom or tradition, I hereby declare that the provisions of my will shall prevail and shall remain paramount for all intent, purposes and in all circumstances in the presence of my Executor.

IN WITNESS WHEREOF, I, (NAME HERE) (Testator) on this…………. ..day of ……………….……………….2013 do hereby solemnly in good faith, under me undue influence willfully sign, seal, publish and declare this instrument to be my last will

I, (NAME HERE) (testator) append my name and sign this instrument this………. Day of…………………………………2013 and do hereby declare that I sign and executed this will voluntarily under sound body and mine free form any undue influence and constraint.

……………………………………………………………………
                        (NAME HERE)
(Within named testator)
I the witness, at the invitation of (NAME HERE) (Testator), Scribe my names and append my signatures herein under to this will/present/instrument and do hereby make declaration that (NAME HERE) (Testator) in my presence and in the presence of each other signed and executed this will/present/instrument as his last will and testament.
            Signature__________________________________________
            Name:_____________________________________________
            Address:____________________________________________
            Occupation__________________________________________


And I further declared that (NAME HERE) (Testator) willfully, in good faith under sound body and mine without any undue influence signed this will/present/instrument in my presence, and in the presence of others. I further declare that at the time of appending his signature, the testator, to the best of my knowledge and understanding is of sound body, mine and under no constraint and undue influence what so ever.

JURAT
The foregoing having been first read and interpreted
  to the illiterate(s) witness in ……………language
by me………………..(Sworn interpreter) and he
appeared perfectly to understand the same
before affixing his/her thumb impression
or mark thereto in the presence of:

……………………………….
MAGISTRATE
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