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Thursday 4 August 2016

PROPER DOCUMENTATION AND EXECUTION

   There must be proper documentation and execution. When you execute, there would be attestation. As regards the issue of an illiterate, once one of the parties is an illiterate, Section 2(2) of the Illiterate Protection Law of Lagos State, for example, requires that the document should be read over and explained to the illiterate before his signature or mark is affixed.
Documentation
Credit - apixio.com 

LAND INSTRUMENT REGISTRATION LAW

Section 8(1) of the Land Instrument Registration Law requires the execution of instrument when it involves an illiterate and it must be in the presence of a magistrate, and justice of the peace and it should be subscribed by such magistrate and justice of peace as a witness. See EDOKPOLO V. OHEHEN(SUPRA). See also the case of OKELOLA V. BOYLE(1998) 5 NWLR (PT. 119) 46,particularly at page 81. In this case, it was held that is not enough to prove that Exhibit (d)(i), that is, the Will, was prepared by a legal practitioner, it must be shown further that the testator knew the content of the instrument and that the content complied with the instrument of the legal practitioner who prepared it. It is essential to the validity of a will that the testator should know and approve its content.

To be continued with STAMPING 

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