Section 180 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 180 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Power for court to settle the beneficial interests of a lunatic. It provides as follows:

(1) The court may direct a settlement to be made of the property of a lunatic, or any part thereof or any interest therein, on such trusts and subject to such powers and provisions as the court may deem expedient, and in particular may give such
directions
(a) where the property has been acquired under a settlement, a will or an intestacy,
or represents property so acquired; or

(b) where by reason of any change in the law of intestacy or of any change in
circumstances since the execution by the lunatic of a testamentary disposition, or of
any absence of information at the time of such execution, or on account of the former management of the property or the expenditure of money in improving or
maintaining the same or for any other special reason the court is satisfied that any
person might suffer an injustice if the property were allowed to devolve as
undisposed of on the death intestate of the lunatic or under any testamentary
disposition executed by him.

(2) The court may direct the receiver of the lunatic, or any trustee for him, to execute
any conveyance or other instrument, and to do any other act or thing which may be
required for giving effect to the settlement, in the name and on behalf of the lunatic,
and, for that purpose, may make a vesting order or appoint a person to convey; and
any settlement approved by the court shall be as effectual and binding on all persons interested as if the same had been made by the lunatic while of full capacity.

(3) This section applies whether or not the lunatic has executed a testamentary
disposition and notwithstanding that it is not known whether he has executed such a
disposition or not, but does not apply when he is an infant.

(4) Any person who under the Administration of Estates Law, has, or if that Law,
or any enactment which it replaces, had not been passed would have had, a spes
successionis (whether under any testamentary disposition which is known to exist or in the event of the intestacy of the lunatic) or an interest in the property of the lunatic
or in any part thereof, as well as the receiver and any other person who may be
authorised by rules made under this section, shall have power to apply to the court
for an order under this section.

(5) Subject to making due provision for the maintenance of the lunatic in accordance
with his station in life, whether out of the capital or income of the property settled
or other property or partly in one way and partly in another, and to providing, by
means of a power of appointment or revocation, or otherwise, for the possibility of
the lunatic recovering full capacity, the court may, in making any order under this
section, have regard to
(i) the manner in which the property has been settled or dealt with on former occasions;

(ii) in the case of land, the welfare of the labourers and other persons employed
thereon, and the expediency of settling personal estate to devolve therewith;
(iii) the continuation or provision of any pensions, and the application of any part
of the income for charitable purposes;

(iv) the provisions of any testamentary disposition of the lunatic;

(v) the expediency of providing for
(a) discretionary trusts, trusts for effecting or maintaining policies of insurance,
powers of appointment, sinking funds for making good loss by fire (in lieu of, or in
addition to, insurance) or for any other purpose;
(b) the extension of any statutory powers of investment, management or otherwise;
(c) the manner in which any costs are to be raised and paid, whether out of the settled property or otherwise;
(d) any other matter or thing which, having regard to the nature of the settlement,
or the property to be settled, and the management, development, and enjoyment
thereof, and to the persons who are to take, either successively or otherwise, the
court may consider material.

(6) In this section, “testamentary disposition” means an instrument executed by the
lunatic while of full testamentary capacity, which, if unrevoked, might, on his death,
be proved as a will or codicil; and the court may act on such evidence as to the
existence or absence of a testamentary disposition as it thinks fit.

(7) At any time before the death of the lunatic, the court may, as respects any
property remaining subject to the trusts of a settlement made under this section, on
being satisfied that any material fact was not disclosed to the court when the
settlement was made, or on account of any substantial change in circumstances, by
order vary the settlement in such manner as it thinks fit, and give any consequential
directions.

(8) Rules of court, may be made for giving effect to the provisions of this section,
and in particular for compelling information to be furnished respecting, and
production of, testamentary dispositions, and the lodgment thereof in court, for
prescribing what notices, if any, of the proceedings are to be served, for dispensing
with such notices and, when necessary, for making representation orders.