Will

Will is a document that ensures your wishes with respect to your assets and property are followed after your death. Problems and complications arise when a person dies interstate i.e. without leaving a Will behind.

Do not thus put off writing a Will since it can put the survivors behind you in great predicament after you.

Definitions:

A Will is defined as “The legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.” In other words, a Will or a Testament means a document made by a person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.



Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.

Executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him.

Legatee/Beneficiary is a person who inherits the property under a Will.

Probate is a copy of the Will, duly certified under the Seal of a competent Court.

Testator is a person making a Will and executing it.



Essential features:
The documents purporting to be a Will or a testament must be executed by a person legally competent to make it;

Every person, capable of making a Will must be:

o not a minor;
o of sound mind;
o free from fraud, coercion or undue influence;



The declaration should relate to disposition of the property of the person making the Will;

The declaration as regards the disposal of the property must be intended to take effect after his death;

The Will must be properly signed and witnessed;

It must be initialled by the testator at the end of every page and next to any correction/alteration;

There are no language restrictions on writing of a Will. A Will can be written in any language, the words, however, should be clear and unambiguous so that the intention of the testator is reflected in his Will.

Stamp Duty
No Stamp duty is required to be paid for execution of a Will or a Codicil.

Attestation and Registration:
A Will must be attested by two witnesses, who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator;

Registration
It is not mandatory for a Will to be registered.