Probate Practice and the Limitations to Testamentary Freedom: A Comparative Approach between Cameroon and Nigeria

Abstract: In the Common law jurisdictions of Cameroon as is the case in Nigeria, all persons have the testamentary freedom to dispose of their properties to whoever they choose. Despite the statutory recognition of testamentary freedom, at death, the testator’s /testatrix’s wishes expressed in his/her Will may be challenged on cultural, religious, moral as well as social grounds. This paper appraises the concept of testamentary freedom in the English-Speaking Regions of Cameroon, while differentiating it with the position in Nigeria as they share the same colonial past with the former British Cameroon. The paper questions whether the limitations to testamentary freedom are justified. In answering the above question, the paper reveals that some limitations placed on testamentary freedom can bring about unworkable and impracticable results while some are aimed at violating the essence of leaving behind a will which is aimed at expressing the desire and wishes of the testator at death. The paper recommends that apart from the claim under the Inheritance (Provisions for Family and Dependents) Act 1975 which permits relatives or descendants who considers that the operation of the rule of intestacy or the will of their deceased relatives does not make reasonable financial provision for them to make a claim, under no circumstance should the testamentary freedom be taking away in view of distorting the wishes expressed by the testator/testatrix in his/her will.