WILL MAKING PROCESS: A MOVE FROM TECHNICALITIES TO SUBSTANCE

Abstract

Technicalities focus on rules. They concentrate on form so are determined through observable features. The present Will making process appear to tend towards technicalities whereas Wills contain issues that go beyond formal features. This article evaluates the Will making process as it relates to proof of testamentary wishes. It proposes a process that reveals the vital issues about Wills. The study adopted doctrinal research method. It has found that the present Will making process is responsible for frustrated testamentary wishes. The paper recommends a substance based Will making process. The paper has confirmed that the latter will aid the proof of Wills.