Best Will & Testament Lawyers in Zimbabwe

About Will & Testament Law in Zimbabwe

A Will, or Testament, is a legal document that allows an individual to declare their wishes regarding the distribution of their property upon death. In Zimbabwe, Wills are governed by the Wills Act [Chapter 6:06]. A person must be of sound mind and at least 16 years of age to draft a valid Will. This document appoints an executor to manage and distribute the deceased's estate. Wills ensure that an individual's assets are distributed according to their wishes and can help prevent potential disputes among beneficiaries.

Why You May Need a Lawyer

There are multiple situations in which legal assistance may be necessary for Wills and Testaments in Zimbabwe:

• Complex Estate: If you have a large or complicated estate, involving businesses, international assets, or multiple properties, a lawyer can help navigate the complexities.
• Challenging Family Dynamics: When family relationships are strained, an attorney can help draft a Will that considers all potential disputes.
• Legal Compliance: To ensure that your Will complies with all local laws and remains valid, especially in situations involving minors or special clauses.
• Updating a Will: Life changes like marriage, divorce, or having children may necessitate changing your Will, where legal advice may be crucial.
• Probate Process: After a loved one's passing, legal guidance is often needed to handle the probate process and execute the Will as intended.

Local Laws Overview

Key local laws pertaining to Wills and Testaments in Zimbabwe include:

• Testamentary Freedom: Individuals have the freedom to dispose of their property as they see fit. However, dependants can seek claims if left without reasonable provision.
• Witnesses: A Will must be signed by the testator and witnessed by two or more competent witnesses who must be present at the same time.
• Revocation: A Will can be revoked by the testator at any time by creating a new Will or destroying the original.
• Conditional Wills: Wills can include conditions that must be met for beneficiaries to inherit, provided they do not contravene the law.
• Foreign Wills: Zimbabwean law generally recognizes Wills drafted abroad if they comply with Zimbabwean law regarding form and execution.

Frequently Asked Questions

What is the minimum age to make a Will in Zimbabwe?

The minimum age to make a Will in Zimbabwe is 16 years.

Can a Will be contested?

Yes, a Will can be contested, usually on grounds of lack of testamentary capacity, undue influence, or if the Will was not properly executed.

Who can be an executor of a Will?

Any adult of sound mind can be appointed as an executor in a Will.

Is it mandatory to register a Will?

No, it is not mandatory, but it is advisable to keep the Will in a safe place and inform someone trustworthy of its whereabouts.

Can a Will include funeral wishes?

Yes, a Will can include instructions for burial or cremation, although these wishes are not legally binding.

How often should a Will be updated?

It’s advisable to update your Will whenever there are significant life changes like marriage, divorce, birth of a child, or acquiring significant assets.

What happens if a person dies without a Will?

If a person dies intestate (without a Will), their estate is distributed according to the Intestate Succession Act.

Can a witness to the Will be a beneficiary?

While technically possible, it’s not advisable as it may lead to questions about the Will’s validity.

Can spouses have a joint Will?

Yes, spouses can create a joint Will, but separate Wills are often recommended for clarity and flexibility.

What is the role of a probate court?

The probate court oversees the process of validating and executing the Will, ensuring that the deceased's wishes are followed.

Additional Resources

For further assistance and information, consider contacting the following:

• The Law Society of Zimbabwe - Offers resources and assistance in finding qualified lawyers for Wills and Estates.
• Registrar of the High Court - Manages probate services and provides information on the probate process.
• Legal Aid Clinics - Some universities and NGOs offer low-cost or free legal advice on Will-related matters.
• Zimbabwe Revenue Authority (ZIMRA) - Provides information on tax implications for estates.

Next Steps

If you need legal assistance in matters related to Wills and Testaments, consider the following steps:

• Consult with a certified lawyer who specializes in Wills and Estates to ensure that your documents are in compliance with the law.
• Organize all necessary documents, including any previous Wills, property records, and identification papers before your consultation.
• Clarify your intentions and beneficiaries for your estate to expedite the process.
• Discuss with your lawyer any possible contestations or complications that your estate plan might face.
• After drafting your Will, store it in a safe place and inform your executor or a trusted family member of its location.