A last will and testament is a critical document that ensures your final wishes are respected and your loved ones are provided for after your passing. While anyone can write a will, it must meet specific legal standards to be considered valid and avoid being contested or set aside in court.

The following guidelines provide a comprehensive overview of how to draft a legally sound will in Zimbabwe.

  1. Getting Started: Identification and Intent Your will should begin with a clear title, such as "Last Will and Testament," and can be written in any language of your choosing. You must clearly identify yourself using your full names as they appear on your national identity card and include your current physical address. Crucially, the document should state that you are revoking all previous wills and codicils you may have written to avoid any confusion. +2

  2. Asset Inventory: Physical and Digital Before drafting the distribution of your estate, you should list all your property, including both physical assets and debts owed to or by you.

Physical and Financial Assets: Include details of real estate, shares, and insurance policies. +1

Excluded Assets: Do not list your pension, as it is generally governed by specific laws and is not considered part of your personal estate.

Jointly Owned Property: If you own property with someone else, specify that you are only bequeathing your particular share.

Digital Assets: Modern estate planning now includes digital assets of both commercial and sentimental value. This includes online bank accounts, e-wallets, social media profiles, business plans, and digital media like photographs or videos. You must provide specific instructions and authorize your executor and beneficiaries to access these online accounts. +2

  1. Appointing Key Roles A will allows you to choose who will manage your affairs and care for your dependents:

Executors: You must select an executor to carry out the instructions in your will. It is advisable to nominate an alternative executor in case your first choice is unable to serve, or you may appoint two people to act as joint executors. +1

Guardians: If you have minor or dependent children, your will should name a guardian of your choice to care for them.

  1. Distribution and Specific Instructions You have the freedom to decide who inherits your property; it is not legally compulsory for children or relatives to be beneficiaries. When writing your instructions, be very specific about which property goes to which beneficiary to avoid disputes. +1

Beyond giving away assets, you can include reasonably attainable directions, such as naming the schools you wish your children to attend.

  1. Legal Requirements for Execution For a will to be valid, it must be signed and witnessed correctly:

Witnesses: You need two willing witnesses. While they do not need to read the contents of the will, they must see you signing it.

Signing: You and both witnesses must sign every page of the document in each other's presence.

Dating: Ensure the correct date is recorded at the time of signing and whenever any subsequent alterations are made.

  1. Storage and Registration Once completed, you may choose to register a copy of your will at the Master of the High Court’s Office, though this is not a compulsory requirement. Regardless of registration, you must inform at least one reliable person that you have made a will and clearly explain where it can be found in the event of your death. +1

While these guidelines provide a strong foundation, seeking professional legal advice is highly recommended if you can afford it to ensure all technicalities are fully addressed.