Law
How to have your last wish respected: writing a proper will
W
e are living in perilous times, life is so uncertain because of the COVID-19 pandemic. People are dying at a mesmerizing rate and we cannot say who will be next. It is imperative, therefore, that every person be prepared for the worst. It is not lack of faith to write a Will, it is called preparedness and it is important for every one of us to do due diligence into how proprietary matters shall be handled after our demise. Whereas it seems intimidating, unpleasant or even scary to most people to draw a Will, a Will is your last wish that you intend to have respected after you are gone, as such, the Will has to be written in a manner that will make it acceptable and legal. There are certain Wills which will not meet the required legal set
standard to the extent that the deceased will be rendered intestate. A Will is a legal document which is drawn by a person while they are still alive (inter vivos) and is intended to give an instruction to the beneficiaries of the person who draws the Will. This person who draws the will is called a testator. The will can thus be called the last will or testament of the testator. The Will only works when the testator dies. It is of paramount importance that the Will should be clear and concise because it will be difficult to execute an instruction that even the beneficiaries of the deceased estate do not understand. The Will gives certainty to the identity of the property left behind by the deceased. This means it will be easy for the beneficiaries to know exactly what Strides Magazine
32
November 2021
By: Beaven (Llb, Llm Sa)
the deceased left, what was his property. Any person aged 16 and above in his right faculties, meaning a person who is not mentally challenged, intoxicated or drugged can make a will. No gender is discriminated, both male, female and the transgender can make a will. Normally, and particularly among Africans, if anyone will write a Will then it will be a man, to protect his property and direct its distribution, but, even women should be encouraged to write Wills. If there is need for a minor to write a Will then it must be done through their legal guardians and filed of record with the High Court as the upper guardian of all minors. The Will should be drawn to distribute property that is owned by the testator, whether in undivided shares as
