There is a Shona saying which sums it up all, “pfuma yenhaka inoparadza ukama”. Problems often occur when the person who dies is the one who owned the family house and other significant properties. It is on this basis that Wills are frequently a contentious issue in the African context, as well as elsewhere in the world, with images of tension arising from sides of the family fighting for the deceased’s assets. Adding to the issues raised above, the legal jargon used in Wills can make it difficult to dismantle the testator’s wishes, particularly when drafting a Will without considering all possible factors or simply copying and pasting model Wills from the internet without understanding what they mean. As a result, we seek to explain the concept of a Will and the significance of having an attorney present in assisting one to draft a Will.


What is a Will?
The Wills Act [Chapter 6:06] defines a Will as ‘an oral will, a codicil and any testamentary writing but does not include a document evidencing an antenuptial contract or other transaction of a contractual nature. In simple terms it is basically a legal document setting out the instructions as to how assets are to be distributed upon death. This document is written by the person who intends to distribute his assets, usually known as a testator.


Who can write a Will?
Anyone over the age of sixteen is capable of writing a Will. The age of 16 is generally regarded as the common law age of consent, as well as the fact that the individual will have a better understanding of the nature of the act. Because appreciation is essential, people who lack it are barred from participating in such acts, which include minors.


How can a lawyer assist in drafting a Will?
In relation to the drafting of a Will, a lawyer’s duty is to carry out the wishes of a potential testator. Whatever practical effects the testator wants to have carried out and whatever goals they may have with their estate plan, it is the lawyer’s responsibility to craft the Will’s language to ensure that they are carried out as effectively as possible.


Why is a lawyer’s assistance vital when drafting a Will?
A Will as a legal document derives its validity from the strict compliance with the provisions of the law. The assistance of a lawyer is thus essential to ensuring that one’s Will complies with all the legal requirements. The internet has developed into a tool that can help you make a Will without any help, but you cannot be sure that what you write complies with the law. Thus, a lawyer can assist you to arrange your affairs in compliance with the law.


To sum up, anyone can write a will without any assistance; however, it is recommended that one seeks the assistance of a lawyer to create a legally sound document. Wills are typically contested, and it would be detrimental to have the Will declared invalid for failing to comply with legal requirements.


For any inquiries relating to Wills and Estates in Zimbabwe, kindly get hold of our Estates Practice Group on info@mmmlawfirm.co.zw