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DO I NEED A WITNESS WHEN SIGNING A WILL ?

As a testator you must sign at the foot or end of the will and your signature must be witnessed by at least 2 persons who are not beneficiaries under the will and who are not the husband or wives of the beneficiaries.

An executor who is not a beneficiary or a husband or wife of any beneficiary under the will may witness the will.

A witness does not need to know the contents of the will.

WHAT SHOULD I INCLUDE IN A WILL ?

No will shall be valid unless it is in writing and is executed in accordance with the following requirements, that is to say,

• signed at the foot or end thereof by the testator and
• it appears that the testator intended by his signature to give effect to the will and
• the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time and
• each witness, in the presence of the testator (but not necessarily in the presence of any other witness), either
• attests the testator's signature or the testator's acknowledgment of his signature and signs the will or
• acknowledges his signature.

You should include the following In your will :

• Your name and place of residence
• A description of your assets
• Beneficiaries to whom you wish to give your assets and property to and the proportion the beneficiaries are to inherit
• Alternate beneficiaries, in the event a beneficiary dies before or at the same time you do
• Name of person(s) you wish to nominate as executor(s).
• Name of a guardian for minor children
• Name of an alternative guardian, in the event your first choice is unable or unwilling to act.
• Your signature
• Witnesses' signatures.

You must have at least 1 and a maximum of 4 executor named in your will.

If there are minor beneficiaries, who are below the age of 18 years named in your will, you must name at least 2 executors.

The executor need not be a beneficiary but should be at least 21 years old and must have the willingness and capability to act as an executor. If you have difficulties in appointing an executor, you can always consider the Trust Corporations.

You may, if you so wish, specify which beneficiary is to inherit which asset or property.

You may also include the beneficiaries to assets that are going to be inherited to you even though the assets do not belong to you at the time of will.

You may also state in your will that the executors are also to act as trustee to hold any assets or invest or use any money for the benefit of the minor beneficiaries named in your will.

Where your asset has an outstanding loan with the bank, your beneficiary will have to settle the loan before he or she inherits the property. This matter can be taken care of by including a paragraph in your will stating that the outstanding loan is to be paid from your estate or you may wish to consider taking up an insurance such as mortgage insurance.

The most important items to include in your will are the naming of beneficiaries, executor and guardian for minor children.