Wills in Zimbabwe

by Tendai Shingaidzo

BACKGROUND
Death is a topic many of us avoid thinking about, let alone planning for. Yet, preparing for the inevitable can be a powerful way to take control of our legacy and ensure the well-being of our loved ones. Despite this, many people view creating a will as a morbid task, a grim reminder of our own mortality. However, the truth is that having a will is not about dwelling on death, but about celebrating life and the memories we’ve made. It’s about ensuring that our wishes are respected, our assets are protected, and our loved ones are provided for. By creating a will, we can transform a daunting task into a meaningful way to show love, care, and consideration for those we leave behind.

INTRODUCTION
A will is a vital document that ensures your wishes are respected and your loved ones are protected after you’re gone. It’s a legal tool that outlines how you want your assets distributed, who will care for your dependents, and how your estate will be managed. Despite its importance, many people put off creating a will, often because they don’t know where to start or believe it’s not necessary. However, having a will can provide peace of mind and avoid unnecessary complications and disputes for your loved ones. In this article, we will explore the basics of wills, different types of wills, including why you need one, what to include, and how to create a valid will that reflects your wishes.

Importance of Wills
Here are some key reasons why having a will is important:

1. Ensures your wishes are respected:-A will allows you to specify how you want your assets distributed, who will care for your dependents, and how your estate will be managed.
2. Avoids intestacy:-Without a will, your estate will be distributed according to the laws of intestacy, which may not align with your wishes.
3. Protects your loved ones:-A will ensures that your dependents are provided for and that their future is secure.
4. Minimizes disputes:-A clear and valid will can avoid conflicts among your heirs and beneficiaries.
5. Names an executor:-A will allows you to appoint someone you trust to manage your estate and carry out your wishes.
6. Reduces stress and uncertainty:-Having a will can provide peace of mind and alleviate the burden on your loved ones during a difficult time.
7. Takes care of specific gifts:-A will allows you to leave specific gifts or assets to specific people or organizations.
8. Supports your favourite charities:-You can use your will to make charitable donations and support causes that are important to you.
9. Ensures business succession:-If you own a business, a will can ensure a smooth transition and protect your legacy.
10. Provides a sense of control:-Having a will allows you to maintain control over your assets and decisions, even after you’re gone.

Essential Parties in a Will
Testator/Grantor: the person making the will, who owns the assets and want to distribute them after death
Beneficiaries: The individuals or organizations inheriting the assets according to the testator’s wishes
Executor/Personal Representative: the person responsible for carrying out the instructions in the will, managing the estate and distributing assets to beneficiaries.
Witnesses: The individuals who sign the will as proof that they witnessed the testator signing it. Typically, two are required.
Guardian (if applicable): The person appointed to care for minor children in the event of the testator’s death.

Types of wills in Zimbabwe
Here are the types of wills recognized in Zimbabwe
1. Formal written will
2. Privileged wills: These are recognized under the Wills Act Chapter 6:06 and include:
a) Soldier’s will
b) Wills made during epidemics
c) Oral will
3. Testamentary trust will
4. Mutual will
5. Joint will
6. Joint-mutual will

Requirements:

1. Age: The testator must be 16 years old and above.
2. Capacity: The testator must have the mental capacity to make a will.
3. Voluntariness: The testator must make the will voluntarily, without any coercion or undue influence.
   Formal written will
   Formal written wills are the most common type of will in Zimbabwe. They have the following characteristics:
4. It must be in writing: The will must be written down and not oral.
5. It must be signed: The testator must sign the will in the presence of witnesses.
6. It must be witnessed: The will must be witnessed by two or more people who are present at the same time and who sign the will in the presence of the testator.
7. It must be executed with the required formalities: The will must be executed in accordance with the formalities prescribed by law (Wills Act Chapter 6:06).
   Formal written wills are recommended because they:

1. Avoid disputes and ambiguities.
2. Ensure that the testator’s wishes are respected.
3. Provide a clear and legally binding document.
4. Can be considered legally binding and enforceable.
5. Provide clear instructions on how the testator’s assets should be distributed.
6. Allow the testator to specify specific gifts, beneficiaries, and executors.
7. Can be revoked or amended by the testator during their lifetime.
   Privileged Wills

Soldier’s Will
A soldier’s will, also known as a “soldier’s testament,” is a special type of will that can be made by a member of the armed forces during wartime or military operations. The main characteristics of a soldier’s will are:

1. Simplified formalities: The formalities for making a soldier’s will are simpler than those for a formal written will.
2. No witnesses required: A soldier’s will does not require witnesses to be valid.
3. Oral or written: A soldier’s will can be made either orally or in writing.
4. Limited scope: A soldier’s will typically only disposes of personal property and does not affect real property (land or buildings).
5. Revocation: A soldier’s will is automatically revoked if the soldier survives the war or military operation.
   The purpose of a soldier’s will is to allow military personnel to make a simple and expedient disposition of their property in the event of their death during service. It is a way to ensure that their wishes are respected and that their loved ones are provided for, even in the midst of conflict.

Wills made during epidemics
Wills made during epidemics, also known as “epidemic wills,” are a type of will that can be made during a public health crisis or outbreak. These wills are often subject to relaxed formalities and requirements, similar to soldier’s wills. The characteristics of wills made during epidemics include:

1. Simplified formalities: The formalities for making a will during an epidemic may be simplified or waived.
2. Reduced witnessing requirements: The number of witnesses required may be reduced or waived.
3. Oral or written: Wills made during epidemics can be made orally or in writing.
4. Limited scope: These wills may only dispose of personal property and not real property.
5. Temporary validity: Wills made during epidemics may only be valid for a specific period, such as during the epidemic or for a short time after.
   The purpose of wills made during epidemics is to allow individuals to make a will quickly and easily, even in situations where they may not have access to legal services or witnesses. This ensures that their wishes are respected and their loved ones are provided for, even in the face of uncertainty and crisis.

Oral Will
An oral will, also known as a “nuncupative will,” is a will that is declared orally by the testator in the presence of witnesses. Oral wills are not valid in all jurisdictions and are often subject to specific requirements and limitations.
Characteristics:

1. Oral declaration: The testator declares their wishes orally, without writing them down.
2. Witnesses: The declaration must be made in the presence of witnesses, usually two or more.
3. Specificity: The testator must clearly and specifically state their wishes.
4. Capacity: The testator must have the mental capacity to make a will.
5. Intent: The testator must intend to make a will and dispose of their property.
   Essential elements to an oral will are:

1. Witnesses: The witnesses must be present at the same time and hear the testator’s declaration.
2. Memory: The witnesses must be able to remember the testator’s words.
3. Reduction to writing: The oral will must be reduced to writing by the witnesses or another person.
   It is important to note that oral wills are not recommended, as they can lead to disputes and are often subject to challenges in court. It is always best to consult with a legal practitioner and make a formal written will.

⦁ Testamentary trust Will
A testamentary trust will is a type of will that creates one or more trusts upon the testator’s death. The will contains instructions for the management and distribution of the testator’s assets, and the trusts are created to achieve specific goals or benefits for the beneficiaries.
Characteristics:

1. The will creates one or more trusts, which are legal entities that hold and manage assets.
2. The trusts are created through the will, and become effective only after the testator’s death.
3. The trusts are managed by trustees, who are responsible for administering the assets and distributing them according to the testator’s instructions.
4. The trusts provide benefits to the beneficiaries, such as income, capital gains, or asset protection.
5. The trusts can manage assets effectively, even for minors or beneficiaries with special needs.
6. The trusts can reduce taxes and fees associated with transferring assets.
7. The trusts can protect assets from creditors, lawsuits, or other risks.
8. The trusts can be customized to achieve specific goals or benefits.
9. The trusts can maintain privacy, as the terms of the trust are not publicly disclosed.
   It is important to note that testamentary trusts can be complex and require professional expertise to establish and manage. Consulting a qualified estate planning lawyer is essential to ensure that your wishes are carried out effectively and efficiently.

⦁ Mutual will
Mutual wills are separate legal documents that two individuals, typically spouses or partners, create to ensure that their assets are distributed in a similar manner. Each person’s will mirrors the other’s, with identical or very similar provisions. This means that both individuals agree to leave their assets to the same beneficiaries, usually each other and then their children or other common beneficiaries.
Key characteristics of mutual wills:

• Separate documents: Each person has their own will, but they are identical or very similar.
• Reciprocal promises: Each person promises to leave their assets to the same beneficiaries.
• Revocable: Unlike joint wills, mutual wills can be revoked or updated by each individual during their lifetime.
• Flexibility: Mutual wills offer more flexibility than joint wills, as each person can make changes to their own will without affecting the other’s.
  Mutual wills are often used by couples who want to ensure that their assets are distributed in a coordinated way, while still maintaining control over their individual estates. It is therefore essential to consult with a legal professional to determine if mutual wills are the best option for your specific situation.

⦁ Joint will
Joint wills are legal documents that two or more people, usually spouses, create to dispose of their property after death. Here are some key points about joint wills:

• Single document: A joint will is a single document that outlines how the combined estate of both individuals will be distributed after they pass away.
• Mutual wishes: Joint wills reflect the mutual wishes of both individuals and are usually created when a couple wants to ensure their assets are left to the same beneficiaries.
• Joint wills can offer simplicity and ensure that both partners’ wishes are carried out. Hence it is crucial to consult with a legal professional to determine if a joint will is the best option for your specific situation.

⦁ Joint-mutual will
Joint mutual wills are a combination of joint wills and mutual wills. They are a single document that:

1. Combines the features of joint wills, where two or more people create a single will.
2. Includes reciprocal promises, like mutual wills, where each person promises to leave their assets to the same beneficiaries.
   Key characteristics of joint mutual wills:
3. Single document: Like joint wills, it is a single document that outlines the wishes of both individuals.
4. Reciprocal promises: Like mutual wills, each person promises to leave their assets to the same beneficiaries.
5. Irrevocable: Like joint wills, joint mutual wills are often irrevocable, meaning that once one partner passes away, the surviving partner cannot make changes to the will.
   It is crucial to consult with a legal professional to determine if a joint mutual will is the best option for your specific situation. They can help you understand the implications and potential consequences of this type of will.

CONCLUSION
In conclusion, having a will is a vital tool that ensures your wishes are carried out and your loved ones are safe-guarded after you are gone. By having a will, one can avoid uncertainty and potential conflicts and instead provide a clear roadmap for their estate. It is important to take charge in your legacy and your family’s well-being by understanding the different types of wills available, the benefits, importance of a will and its essential components. A person should never their affairs to chances but should rather consult a legal expert today to create a comprehensive and up-to-date will that aligns with their wishes, securing their family’s future and for their peace of mind.