WILLS
A will (testament) is a legal expression of an individual’s(testator) wishes about the disposition of his/her property after death. It’s a document by which a testator directs his/her estate to be distributed upon death. A will is revoked or amended with a codicil by the testator.
Everyone above the age of 18 years can with full capacity execute a valid will, except he is of unsound mind and memory. However, if there is evidence that a person who suffers from partial insanity had an interval of lucidity at the time of executing the will, then the will remains valid.
Section 9 of the 1837 Wills Act, spells out the needful to make a will valid in the eyes of the law. For a will to be valid, it must be written, it must be signed by the testator in the presence of at least two witnesses.
The witnesses need not know the content of the will, as their presence and signatures on the will, are merely to attest to the physical presence and signature of the testator and not the content of the will. Later amendments on the law have included videoconference or other visual transmissions for the attesting witnesses who attest to the signature of the testator on a testamentary document.
However, Section 11 of Wills act 1873 comes in with the exception to Section 9. the conditions spelled out in Section 9 do not apply to soldiers being in actual military service. A mere written declaration in the handwriting of the soldier or verbal witnessed declaration can invite validity.
The drawing up of a will does not precipitate nor is it indicative of the soonest future death of the testator. The only human factor that remains an aphorism and certain is that death is inevitable, unfortunately the hour remains a fact known only to our Maker.
Therefore, the drafting of wills remains as important as planning for the future of your family. Many families have been plunged into chaos waters at the death of a parent or sibling for a simple reason he/she died intestate (without a will). It is therefore important for those who have amassed wealth in whatever dimension to get a solicitor (Barrister) who provide professional expertise to draft a valid will him/her. The benefits of having a valid Will cannot be underestimated. These wills can be amended overtime as more properties are acquired or with alterations in the intention of the testator.
