The right to ownership of property terminates upon death. Making a Will enables a person to control how their property will be distributed after they die. A Will is therefore a legal document that expresses the wishes of a testator (a person who makes a will) regarding the distribution of their property after death. Property includes houses, stands, vehicles, livestock, savings or investments, money in the bank/Ecocash/One Money etc.The Wills Act [Chapter 6:06] regulates the writing of wills in Zimbabwe.


Section 2 of the Wills Act defines a will as including an oral will, a codicil and any testamentary writing. Simply, a Will is a document which shows the testator’s wishes on how their estate will be distributed after they die.


Who may make a will?
Persons aged 16 years and over having mental capacity may make a will without the assistance of a guardian [section 4 of Wills Act].


Disinheritance
A testator may disinherit (fail to provide for) any member of his family subject to the provisions of the law on maintenance.


Capacity to benefit under a Will
Any person, whether born or unborn, natural or juristic and whatever his legal capacity, may receive a benefit conferred by or in terms of a Will.


Who may not benefit under a Will?
Some of the following persons are unable to benefit under a Will:

1. witnesses to the signature of the testator;
2. any person who has benefitted in a Will where the benefit is due to fraud, duress or undue influence on the testator;
3. any beneficiary who conceals or destroys a Will;


Who may be a witness to a will?
Anyone over the age of 16 who is competent to be a witness in court, and who can see the testator sign a will, is competent to be a witness to a will. But remember:  a person who benefits under a will cannot be a witness to that will.


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