Are you afraid of writing a Will now?

The very first time I raised this topic in a public space, I got over 3,400 reactions within 24 hours from professionals and non-professionals.

Here are a few of the reactions: “……Though writing a Will is ‘perceived as a danger sign’ amongst some Africans, or a premonition of death, which is inevitable anyway, I strongly believe that if one attains the age of 40, Will writing should be done. And then, as the years’ progress, additions or deductions could be made to it.”

“….I thought about it recently but again, the usual thought was” I am not ready to die now” so somehow, I just snapped out of it.”

“…..I believe, if the learned ones continue to push the narrative that a WILL is more of an important gift than just a death wish, then, more people will embrace it, because it’s becoming extinct among the not-so-young people.”

“….The concept of death in Africa is one that neither the old nor the young prepare or plan for. We all just cruise through life and believe things will fall in place”.

That is what drove me to embark on this… call it a campaign if you wish. In this column we will be looking at the subject of WILLS; with special consideration to Women inheritance, Wealth creation and Wills.

Join me as we discuss from history, people’s experiences, societal analyses and more.

My maternal grandfather of blessed memory, Chief S. A. Oloko [1897-1985] had a valid Will which was executed after his demise, so as a kid, I had no contrary opinion on whether there should be a Will or not. It never occurred to me that the subject of WILL writing is still a very controversial and sensitive subject even in 2021!

Like some of the reactions I got, a greater percentage of people still say “I am not ready to die now…”,  “I am too young to be thinking that way…” “I am a woman…I don’t need a Will” etc.

In many traditional societies in Africa, land use, housing, and the transfer of land and housing between generations are still mainly regulated by customary law, which largely excludes women from property ownership and inheritance.  Without secure land and property rights, widows and orphans are often left homeless and destitute after the death of their husband or father. Disinheritance seriously undermines women’s economic security and independence as well as their access to adequate food and housing.  The denial of land rights.

I have heard real life stories of bereaved families who had access to nothing because their benefactor died intestate [without a will]; the community took over the properties of the deceased with the claim that customary law rules. I have also heard stories of a person who died testate but the beneficiaries could still not have access to the properties of their benefactor because the Will was being contested in court.

As simple as writing a Will may sound, various school of thoughts are still of the opinion that it is not African to have a Will.

My questions then go to why do men or women still shy away from writing a Will. Could it be ignorance? Customary? Fear of death? Lack of beneficiary? Sudden sickness? Lack of planning? Age? Gender inequality? Lack of tangible property? Etc.

What are your thoughts about Will? Do you have a Will?

Next week, we will fully delve into Women inheritance, Wealth creation and Wills. Feel free to share your experiences and ask your questions. My email is talktolaragaruba@gmail.com.

Omolara Garuba, LLB, BL, PMP.

Founder, Global Mentoring Club [Young Lawyers’ Hub].

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