Details of a Will that may be unknown to you- What a Will contains
A will is a total declaration of what the testator wishes to happen after his demise.Any one can leave a will save for minors. In the ordinary sense, a will must be in writing and signed by the testator or someone in his presence and at his direction.There should be two or more witnesses to attest to the will and they too have to sign.Blind people can also make wills as long as they have the testamentary capacity or know what they are doing and they can employ someone to draft it and sign it for them.
The person who signs must take it upon himself to read it for the testator.
For a will to be valid it must be dated,the testator must be named,the names of the benficiaries must be outrightly stated,the Will must be attested to,signed and it should be the last will made by the testator desposing of his property.
A point to note is that a testator ought to bequeath only that which belongs to him,any disposition of property in which the testator never had interest or ceased to have interest either through sale or donation must fail.
In Common law countries the benficiaries of a will include children of the testator,dependants or relations that are substantially and wholly dependant on the testator and the legal spouse. If the testator doesn't bequeath anything to the benficiary,he must indicate reason(s) as to why the person is being left out.
When can a will be revoked?
A testator may acquire new property/dispose of some,get married.All these change his status and therefore affect the will as well,in that case it is said the will is revoked.It's up to him to amend it and comply with his new status lest it's challenged upon his demise.
A will can also be revoked if the testator crosses it,makes another or does anything to show that he doesn't need it anymore for instance burning it.
The Effect of non-distribution of property in a will
Failure of the testator to distribute property in a will doesn't make it invalid but it only has the effect of making the testator intestate as regards the property.
It's advisable for a testator to bequeath that which belongs to him,distribute the property and also include all his dependents to avoid future conflicts after his demise.
By Aturinda Lenah,a legal consultant for Conservation Effort for Community Development a member of Foundation for Environmental Education Eco Schools program
Tags : Family Law