The Succession Act mandates any adult person of sound mind to dispose of property by a will or testament. A will should be in by freely, in writing, witnessed by at least 2 adult persons who should have seen the testator signing and it only comes into effect upon death of the maker/testator.
It is advisable that beneficiaries to the Will should not witness the Will since they will forfeit or lose their bequest/ share in the will. It is equally important to name an Executor who will implement the provisions of the Will. Though there are no technical words, the law obliges you to use words that reflect the intention.
A Will enables the executor the Estate to be distribute it in accordance with the wishes of the testator. It also avoids the complex, costly and long process of obtaining Letters of Administration. During the lockdown, making a Will is one of the activities that should be prioritized since people have time to think and reflect.
For those who made Wills, it is important to revisit your Wills to see whether they are up to date. In case you acquired more property, re -married (customary or Islamic), beneficiaries passed on, or you changed your mind, it is important to prepare a codicil (amendment) which should equally comply with all requirements of the Will. The codicil can be witnessed by other witnesses other than those appearing on the Will.
For any assistance, please contact us through our digital platforms.
President, MCJL
