THE ADVENT AND LEGALITY OF ELECTRONIC WILLS IN UNITED STATES: NEED FOR A LEGAL FRAMEWORK IN NIGERIA

Abstract

The advent and legality of electronic Wills in some States in United States of America such as Nevada, New Hamshire, and Virginia are backed by enabling laws. Electronic Wills are made, created or stored by a competent testator as a disposition in an electronic form to take effect after his death Electronic Wills complement traditional forms of Will which are still prevalent in the United States. Electronic Wills permit its creation and execution by a person without leaving the comfort of home and without the need for paper work. The process in general is anchored on its simplicity. In Nigeria, only the traditional form of Wills is operational. This is virtue of the statutes of general application. On this basis, the Wills Act of 1837 enacted in England to govern testate succession, were introduced into Nigeria. Electronic Wills is hinged on the use of electronic applications and devices. It is trite that the use of the internet through various media online platforms such as facebook, WhatsApp etcetera and use of electronic devices such as android phones, laptops, memory cards etcetera are no new to the citizens of Nigeria. Some of the above-mentioned are used by citizens to receive, record, transmit, store, process, retrieve information electronically. Therefore, there is the need for a legal framework in Nigeria for electronic wills to complement traditional forms of Wills based on views stated above and the practice should accord with what is obtainable in some States in the United States of America.