In order for one to make a valid will, he or she should have the capacity to make the will, meaning that he or she should be an adult (18 and above); and should be of sound mind at the time of making the will (not insane, drunk, too sick or too old to understand what he or she is doing).
In determination of capacity, consideration is given to whether the person making the will (testator) knows that he or she has made a will and understands its effect.
A will should be made voluntarily. This means that the testator should be free from coercion and any external influence.
In terms of the contents, the will should clearly state the name of the testator and other personal details such as their age, family lineage, marital status, number of spouse(s), number of children, the mother(s) or father(s) of these children, number of dependent relatives. The names of these people should be clearly included in the will.
The will must also state all the property whether moveable, immovable, or even intangible (e.g copyrights and shares); and clearly show how it will be distributed.
A clause stating that that the will is the only valid one and revokes all other prior wills is also essential.
After the contents of the will have been written down or typed, the testator must sign or place their thumbprint, usually at the bottom of the document.
At least two witnesses who are not beneficiaries are required to sign the will. These must have seen the testator sign the will and the will should be dated.
Make sure to keep your will in a place of safe custody like a bank or with a lawyer.
In order for one to make a valid will, he or she should have the capacity to make the will, meaning that he or she should be an adult (18 and above); and should be of sound mind at the time of making the will (not insane, drunk, too sick or too old to understand what he or she is doing).
In determination of capacity, consideration is given to whether the person making the will (testator) knows that he or she has made a will and understands its effect.
A will should be made voluntarily. This means that the testator should be free from coercion and any external influence.
In terms of the contents, the will should clearly state the name of the testator and other personal details such as their age, family lineage, marital status, number of spouse(s), number of children, the mother(s) or father(s) of these children, number of dependent relatives. The names of these people should be clearly included in the will.
The will must also state all the property whether moveable, immovable, or even intangible (e.g copyrights and shares); and clearly show how it will be distributed.
A clause stating that that the will is the only valid one and revokes all other prior wills is also essential.
After the contents of the will have been written down or typed, the testator must sign or place their thumbprint, usually at the bottom of the document.
At least two witnesses who are not beneficiaries are required to sign the will. These must have seen the testator sign the will and the will should be dated.
Make sure to keep your will in a place of safe custody like a bank or with a lawyer.
