How to Write a Will in Zimbabwe
Why This Matters
Writing a will is one of the most important things you can do for your loved ones. It's your official instruction manual for what should happen to your property, assets, and even your children after you're gone. Without a will, the law decides, and that process can be long, costly, and may not reflect your true wishes.
This guide will walk you through the essentials of creating a legally valid will in Zimbabwe, giving you and your family peace of mind.
Legal Disclaimer
This guide provides general information and is not a substitute for professional legal advice. The laws surrounding wills and estates are complex. We strongly recommend consulting with a registered lawyer to draft or review your will to ensure it is legally sound and tailored to your specific circumstances.
What Makes a Will Legally Valid in Zimbabwe?
According to the Wills Act [Chapter 6:06], for a will to be considered valid, it must meet several key requirements:
- It must be in writing. A verbal will is not legally recognized.
- The testator (the person making the will) must be over 16 years of age.
- The testator must sign the will at the end of every page. This signature must be made in the presence of two competent witnesses.
- Two competent witnesses must be present at the same time. They must sign the will on every page in the presence of the testator and of each other.
- Who can be a witness? A witness must also be over 16 and competent to give evidence in court. Crucially, a witness (or their spouse) cannot be a beneficiary in the will. If they are, their inheritance will be void.
What to Include in Your Will: A Checklist
While every will is unique, there are several key sections you should always include:
- Appoint an Executor: This is the person or institution (like a bank or law firm) you trust to carry out your will's instructions. They will be responsible for gathering your assets, paying your debts, and distributing what's left to your beneficiaries. Always name an alternative executor in case your first choice is unable to act.
- List Your Beneficiaries: Clearly state who should inherit your assets. Use full names and ID numbers to avoid any confusion.
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Detail Your Assets: Create a clear list of your significant assets. This includes:
- Immovable Property: Houses, stands, or other real estate. Include the full address and Title Deed number.
- Movable Property: Cars (include make, model, and registration number), furniture, jewellery, and other valuable possessions.
- Financial Assets: Money in bank accounts (specify the bank and account numbers), shares in companies, and pension benefits.
- Appoint a Guardian for Minor Children: If you have children under the age of 18, this is arguably the most important part of your will. You can nominate who you wish to take care of them. While a court has the final say, your wishes will carry significant weight.
- State Your Funeral Wishes: While not legally binding, you can include your wishes for your burial or cremation.
Where to Keep Your Will
A will is useless if no one can find it. Once your will is signed and witnessed, you must store it in a safe and accessible place.
- The Master of the High Court: You can register your will at the office of the Master of the High Court. This is the most secure option as it ensures the official record exists.
- Your Lawyer: Your lawyer can keep the original will in their safe custody.
- Your Bank: Many banks offer safe deposit boxes where you can store important documents.
Wherever you store it, make sure your Executor knows where to find the original document.
Help the Community
Have you been through the process of writing a will or administering an estate? Your experience could be invaluable to others.