Online Reporter
Pro Deo, [email protected]
IN last week’s article, we highlighted that estate planning is one of the most effective ways to prevent disputes over property after death. We also explained that writing a Will is a key step in protecting both your assets and your family’s future. In addition, we noted that a Will can be used to establish a trust to manage your estate after you pass on. We briefly introduced the concept of Living Trusts, which can be created while you are still alive.
This week, we focus on the basics of a Will in simple and practical terms.
1. What is a Will?
A Will is a legal document in which you set out how your property will be distributed when you die. This property is referred to as your “estate”. Through a Will, you can decide who inherits your assets and in what proportions. You may also use your Will to appoint a guardian for your minor children, ensuring that they are cared for by someone you trust in the event of your passing.
In Zimbabwe, Wills are governed by the Wills Act, Chapter 6:06, which sets out the legal requirements for making a valid Will.
2. Can you change your Will?
Yes. Life is constantly evolving, and your Will should reflect those changes. You are allowed to amend or update your Will at any time, provided you are of sound mind. Significant life events such as marriage, divorce, the birth of children, or the acquisition of new property are all valid reasons to review and update your Will. Keeping your Will current ensures that it accurately reflects your intentions and circumstances.
3. What language can you use?
You can write your Will in any language recognised by the Constitution of Zimbabwe. This includes English, Shona, Ndebele and other officially recognised languages. What matters most is clarity. Your wishes must be expressed in a clear and unambiguous manner to avoid confusion or disputes when the Will is executed.
4. Can your spouse
challenge your Will?
Yes, they can. The law offers protection to spouses, particularly in situations where they may have been unfairly excluded. If you completely leave your spouse out of your Will, they have the right to approach the courts. In such cases, the court may vary the terms of your Will if it determines that the spouse was not adequately provided for. Therefore, bequeathing all your property to others while leaving your husband or wife with nothing is not a practical solution to marital issues. The courts will always take into account the legal rights and welfare of the spouse.
5. What is a trust in a Will?
A trust is a legal arrangement through which you place certain assets under the care and management of trustees. Trustees are individuals you appoint to manage those assets on behalf of beneficiaries, such as your children.
Once assets are transferred into a trust, they are no longer considered part of your personal estate. This can offer protection, as creditors may not be able to claim those assets to settle outstanding debts.
Trusts are particularly useful in safeguarding the interests of minors or individuals who may not be in a position to manage finances independently. While trusts offer several additional advantages, these require more detailed discussion in a separate article.
Why write a Will now?
Failing to leave a Will can create unnecessary complications for your loved ones. When a person dies intestate (without a Will), the Master of the High Court determines how the estate is distributed, in accordance with the law of intestate succession. This process may not reflect your personal wishes or family dynamics.
By writing a Will, you retain control over how your estate is handled and help to minimise disputes, providing clarity and peace of mind for your family.
Important note
This article provides general information only and should not be taken as legal advice for your specific circumstances. If you are considering writing a Will or setting up a trust, it is advisable to consult a qualified legal practitioner who can guide you based on your individual needs.
