Who can draft a will and the requirements for a valid will

Wills are important legal documents and we recommend you seek legal assistance in drafting your Will. This is even more pertinent should you have; a large estate, many beneficiaries, conditions to be fulfilled by the beneficiaries prior to inheriting the estate, a possibility that someone may contest the Will or when you want to leave someone out of your Will, e.g. a spouse, and re quire advise on its legal implications.

At LAC Lawyers we recommend that anyone over the age of 18 to have a Will to ensure that their estate is distributed in the manner they wish. Upon the death of an individual, all transactions as well as existing arrangements, example withdrawal of monies from bank accounts, payments to any other person or body, etc will cease almost immediately. If the deceased left a Will, then Probate will be required to settle all outstanding matters of the deceased.

A Will can generally be drafted by anyone for on behalf of themselves but in all instances the Will needs to be signed and witnessed properly. Unless the Will is simple it is advisable to have a lawyer, a public trustee or a private trustee draft and attend to the legal requirements of a Will.

The governing provisions on the requirements of a Will is found in Section 6 of the Succession Act and some of the requirements of the Will are that :-

1. the maker must be over the age of 18;
2. the Will is in writing;
3. it is signed by the maker;
4. it is witnessed by at least 2 witnesses in the presence if the maker;
5. a beneficiary of the Will is not a witness to the Will; and
6. an executor is appointed (not compulsory);

Failure to execute the Will in accordance with the requirements under the Act can result in the beneficiary commencing legal proceedings to challenge the Will. In addition the Will may also be declared as invalid and the rules of intestacy may be required to determine how the deceased’s estate is to be dealt with.

It is often said that a Will must be kept securely and it must also be easy to identify the said Will. If you are unable to ascertain where the Will is kept, it is likely that it may be concluded that the maker had changed their mind and destroyed the Will at a later date or that the individual dies intestate. The executor will see to the proper administration of the Will and will ensure that the wishes of the maker are carried out in accordance with the Will.

Any changes to the existing Will that has been signed is to be made by way of a codicil or a new Will is to be drafted.

If you require assistance with your will or you have an enquiry relating to the making of a will, whether your own or someone else’s, feel free to contact us so we may help you.