Drafting a valid Will

A Will is a very simple document, known as a testamentary instrument, which sets the wishes of a Testator (male) or Testatrix (female) in relation to certain matters which are to take effect upon his or her death.

A Will allows a person to provide for the devolution of his/her property by means of a clear legal document.

In order to ensure a Will is valid, certain strict formalities are required;

The Testator/Testatrix must have attained the age of 18 years or have been or is married.

The Will must be evidenced in writing.

The Testator/Testatrix must be of sound disposing mind.

The Testator/Testatrix must sign or mark the will or acknowledge the signature or mark in the presence of two witnesses. The two witnesses must be present at the same time and each witness shall attest by his/her signature the signature of the Testator/Testatrix in the presence of the Testator/Testatrix. These two witnesses cannot be people who will gain from the Willl, known as Beneficiaries, and they must be present at the same time for their attestation to be valid. The witnesses’ spouses also cannot gain from the Will. The witnesses must see the Testator/Testatrix sign the will but they do not have to see what is written in it.

The signature or mark of the Testator/Testatrix must be found at the foot or end of the Will.

The First Step…
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