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ABSTRACT
Adult persons had right and absolute freedom to bequeath or devise their properties to persons or institutions of their choice as they wished in Wills without let or hindrance. They could go to the extent of disinheriting family members and dependants. The hardship occasioned on family members and dependants of testators and testatrixes led to enacting local Wills Laws in Nigeria with provisos qualifying the absolute testamentary freedom of section 3 of the Wills Act 1837. In Nigeria, limits have been put upon that freedom by legislation in some states of the country, when he has made a will concerning the disposition of his estate. These restrictions to testamentary freedom are often justified on cultural, religious, moral and social grounds. This thesis appraises these limits to testamentary freedom in Nigeria, while comparing it with the positions in England, South Africa and Ghana. The question as to whether or not the limitations to testamentary freedom are justified is also considered in the thesis. The study finds that some limitations whilst worthy ideals and thus justified, could bring about unrealistic and impracticable results while some totally take away freedom from the testator. The thesis recommends that a balance between the wishes of the testator and following the strict letter of the statutes as to the limitations be found so as to as much as possible, give effect to the desires of the deceased testator as stated in his will. Key Words: Statutory limitations, testamentary freedom, Testator, succession.
