WILLS are governed by the Wills Act Chapter 6:06. A Will is a legal document, which states who should inherit your property when you die, within a will one can also state who should have custody and or guardianship of their minor children. A person has a right to distribute their property however they wish as long as they do not infringe on the rights of others.

Wills protect beneficiaries from losing property they should benefit or make use of during their life time.

It also discourages those that would want to unscrupulously benefit where they should not do so as the law would take its course in ensuring that a will is complied with. Some people want to quickly grab property that belongs to their deceased relative under the guise of custom or tradition writing a will can prevent this and protect the children and the surviving spouse who are sometimes left with nothing.

It is therefore important for everyone to know the basics on will writing as it can make a huge difference in the lives of loved ones and dependents should one die.

A will has to be in writing, the person who writes a will is called a testator, whilst the recipient of property through a will is a beneficiary. Any person above the age of 16 can write a will. A will has to be dated. Both males and female regardless of the fact that they are married or not. A party can write a will personally or have a lawyer draft it, as long as if conforms to the requirements provided in the Wills Act.

The Testator and witnesses should sign in the presence of each other, each page of the will closely to the end of the writing on the page. Witnesses do not have to know what is written in the Will for it to be valid. If you write a will whilst single the law will not recognise the will after you get married and you will be required to make another one, unless the will reflects the testator wrote it when he was fully aware he would be married and the property thereof, which he is disposing of was not going to go to his/her prospective spouse.

A will can be lodged with the Master of the High Court for safe keeping it currently costs RTGS$30.00 to lodge a will. If a lawyer drafts the will they can keep a copy in their offices. It is advisable for one to tell a family member or friend about the existence of your will or at least the will number which can be used to access the will upon the testator’s passing after the production of a burial order or death certificate.

A will can be changed at any time. Changes and additions made must be clearly written down and signed by witnesses. The witnesses do not need to be the same ones who signed the first will. If a will leaves out dependants that is the wife or children they can go to apply for maintenance from the estate.

Some people fear that if they write a will they will be inviting death but wills are important as they safe guard the interests of the remaining loved ones, they provide a way ensuring that they are catered for and children live to achieve their full potential without having to drop out of school, for example, where finances become a challenge. Others fear that beneficiaries may kill them in order to get the inheritance. It is therefore important not to disclose the contents of your will but one can disclose that they do have a will that has been lodged with the Master of the High Court.