Few people enjoy thinking about what will happen after their death, but a valid will is one of the most practical gifts you can leave your family. It records your wishes clearly, helps your estate to be administered more smoothly, and reduces the risk of disputes between the people you care about.
Key points
- A will lets you decide who inherits your assets and who administers your estate.
- Wills must meet formal requirements to be valid — including signing and witnessing.
- Review your will after major life events such as marriage, divorce, the birth of a child or acquiring a business.
What happens if there is no will?
When a person dies without a valid will, their estate is distributed according to the rules of intestate succession set by law, rather than according to their own wishes. This may not match what the deceased would have wanted, and it can cause delay, uncertainty and family conflict — particularly in blended families or where there are business interests.
What a will allows you to do
- Choose your beneficiaries and decide what each person receives.
- Appoint an executor you trust to administer your estate.
- Nominate a guardian for minor children.
- Create trusts to manage assets for children or dependants.
- Plan for business succession so that a business can continue operating.
Making a valid will
In Zimbabwe, wills are governed by the Wills Act [Chapter 6:06], which sets out who may make a will and the formalities it must meet. In general, a will must be in writing, signed by the person making it, and witnessed by competent witnesses who are present at the same time. A beneficiary (or a beneficiary’s spouse) should not act as a witness, as this can affect their entitlement.
Because a will that fails these requirements may be invalid, it is sensible to have your will drafted or reviewed by a legal practitioner.
Estate planning beyond the will
A will is the foundation of an estate plan, but not the whole of it. Depending on your circumstances, you may also consider trusts, life cover, the ownership structure of property and business interests, and arrangements for business continuity. Good planning can make administration simpler and give your loved ones certainty at a difficult time.
Keeping your will up to date
Review your will every few years and after any major change — marriage, divorce, the birth or adoption of a child, the death of a beneficiary or executor, or a significant change in your assets. Store the original safely and tell your executor where to find it.
Mpofu Law Chambers assists with will drafting and estate administration, trust creation and management, probate services and business succession planning.
