LEGAL MATTERS: The importance of a will in the midst of a pandemic

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As the world continues to grapple with the Covid-19 pandemic, the death toll continues to rise. As much as the battle continues and numbers are being reined in, the cold fact is people continue to die.

Zimbabwe alone has suffered over 3 900 casualties to date. The question we have to ask ourselves is whether we are doing all we can to ensure that our families are taken care of in the unfortunate event that we should fall victim to the scourge of the coronavirus. It is important to revisit the importance of drafting wills to avoid the problems that bedevil those that are left behind. In this piece, I will explore the various types of wills that one can prepare, detailing the advantages that come with them.
What is a will?
According to the Ontario Supreme Court in Del Grande v Sebastian (1999) 27 ETR 2d 295, a will is a legal document containing a person’s instructions about what should be done with his/her assets after their death. For a will to be valid according to Zimbabwean law, it must satisfy certain requirements laid out in the Wills Act [Chapter 6:06]. These requirements vary according to the type of will one elects to make.
Oral wills
Oral wills are included in the definition of will in terms of section 12 of the Wills Act [Chapter 06:06]. For an oral will it must be viewed as valid according to the testator’s custom or any law to which the testator was subject. For instance, if a testator led a life governed by customary law, then a will made in accordance with custom will be valid. A significant drawback of an oral will is that, despite the ease of making one, the testator’s estate must not exceed ZWL$10 000.
Written wills
Written wills must comply with section 8 of the Wills Act in that the testator must sign each page of the will, the will must be executed in the presence of two witnesses, the witnesses must sign each page or acknowledge their signature on each page.
These formalities exist to ensure that the integrity of the will is beyond question. Making a written will must be a carefully thought out process, especially when it comes to who will draw up the will and sign it as witnesses.