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| Legal Subjects > Estate Planning > Wills | |||||
Main Category Related Topics WHAT IS A WILL ?A will is a written legal document, signed by the testator in the presence of witnesses which take effect only upon the testator's death in the distribution of his property, according to his directions and who is to administer his estate, subject to certain limitations imposed by law. A will must be in writing and may not be produced in other form such as video tape or cassette except for a privileged will. A will can also be in any languages. A will does not need to be stamped and no form of attestation or acknowledgment is necessary. WHAT IS A PRIVILEGED WILL AND WHO IS ENTITLED TO MAKE SUCH WILL ?A privileged will is a will that may not necessary be in writing. It can be oral too and need not be signed by the testator. A privileged will can only be made by soldiers in actual military service, or mariners or seamen of naval forces at sea. Nevertheless, a privileged will becomes null and canceled upon expiry of one (1) month after the testator being still alive, ceases to be a soldier in actual military service or seaman or a mariner at sea. WHO CAN MAKE A WILL ?No will made by a person under the age of 18 years is valid. Therefore, a will can only be made by a testator who is at least 18 years of age and of sound mind and mentally capable of understanding the nature of a will and the terms of his own will unless he is a soldier in actual military service or a mariner or seaman at sea. DO I NEED A LAWYER TO MAKE A WILL ?Even though a will can be made without the service of a lawyer, your home made will may be ineffective and invalid. All wills must be drawn up in accordance with the Wills Act, 1959. There are also necessary formalities and rules about beneficiaries, witnesses and executors of the will. An invalid will or a will with apparently simple mistakes can leads your executors and beneficiaries to unnecessary and costly litigation and distress. You are therefore recommended to consult a lawyer who would be in a better position to advise you and draft a will for you.
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