LEGAL PRINCIPLE: SUCCESSION LAW – Testamentary Capacity – Knowledge and Approval of Contents
PRINCIPLE STATEMENT
It is essential that the testator should know and approve of the will's contents. Where the document is ex facie duly executed, the court may presume regularity. However, where suspicion attaches or the testator suffers from a disability such as deafness, blindness, or illiteracy, the presumption does not apply with the same force.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Okelola v. Boyle (1998) NLC-301993(SC) at pp. 22–24; Paras A–D.
"It is essential to the validity of a will that the testator should know and approve of its contents... Where a document is ex facie duly executed the court may pronounce for it on the maxim omnia praesumuntur rite esse acta... but where suspicion attaches or the document cannot be said to be ex facie regular or where the testator suffers from some disability such as deafness, blindness or illiteracy the maxim does not apply with the same force."
EXPLANATION / SCOPE
Knowledge and approval are essential for a valid will. The presumption of regularity applies when the will appears regular. Suspicion or testator disability weakens the presumption. The principle applies to will validity. The propounder must prove knowledge and approval if suspicion arises. The rule protects testators with disabilities. The court will scrutinize the will more closely in such cases. The principle ensures that wills reflect the testator’s true intentions.