Tuesday, March 18, 2008

Did You Know Your Will Could Be Nullified? part2

When I posted the first part of this article, many readers congratulated me and asked for the next part as soon as possible. Is the final and last part of this post. You can read the first part from here.

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Where can a will be kept?

A will should be kept in a place where it cannot be destroyed by the fire, water or vermin and with a trusted person. This can be a religious leader, clan leader, community leader or a lawyer.
The contents of the will should not be divulged to anyone before the death of the will maker since this can cause strife and disharmony in the family.
It is important for the will maker to inform some family members of the existence of a will and where it is kept, otherwise, if a will’s existence and where abouts are unknown, the will maker” wishes cannot be respected.

Can a will be revoked or altered?
In situations where the will maker acquires more property or changes their mind after a will has been made they can alter the will by use of an instrument called a codicil”.
The will maker may revoke it at any time by either writing another will or by destroying the original one. A will is also deemed revoked where the maker gets married after making it.

Therefore, to save our families and communities from the complications of distributing property”. Which may deny our loved ones a chance of owning what we would have after our death, it is advisable to make a will.

To guide you in the process of making a will, the succession act has laid out a format highlighting what must be included in a will. The format can be modified depending on individual needs but a valid will must include:
• The name and address of the person making the will
• Name of executors
• Name of the heir
• Name of guardian of young children
• Name of persons given specific gifts in this will(money, land or any other gift) and in what proportions
• Property given
• Name of persons given a share in the property
• Signature or thumb print of the will maker
• Signatures or thumb prints of two witnesses, their names, addresses and occupations.

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In Summary, a legally valid will must:
1. Be fair and not offensive
2. Be made by a person of sound mind
3. Be dated and signed by the person making it in the presence of two or more witnesses
4. The will maker must not be forced, coerced or deceived into making it.
5. Only members of the armed forces can make a will by word or in writing and it needs not be signed by the maker or witnesses

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