Of all the legal documents a person can have, a valid will is perhaps the most important, and the most neglected. Many Zimbabweans believe they do not have enough assets to need one, or that their family will simply "work things out." The reality is very different.
What Happens If You Die Without a Will?
Dying without a valid will is called dying intestate. When this happens, your estate does not automatically go to whoever you would have chosen. Instead, Zimbabwean law determines who inherits through the Administration of Estates Act [Chapter 6:01] and the rules of intestate succession.
The consequences can include:
- Your assets being distributed to relatives you may not have intended to benefit
- A surviving partner in an unregistered customary union receiving nothing
- Your children from different relationships receiving unequal treatment
- Lengthy and expensive court processes before any distribution occurs
- Family members disputing each other in ways that destroy relationships permanently
"We have seen families torn apart not by a lack of love, but by a lack of a will. A document that takes a few hours to prepare can prevent years of conflict."
What Makes a Will Valid in Zimbabwe?
Under the Wills Act [Chapter 6:06], a valid will must:
- Be in writing (typed or handwritten)
- Be signed at the end by the testator (the person making the will)
- Be signed in the presence of two competent witnesses, who must also sign
- The witnesses must not be beneficiaries, or spouses of beneficiaries, named in the will
- The testator must be at least 16 years old and of sound mind
A will that does not meet these requirements can be declared invalid by a court, and your estate will then be distributed as if no will existed.
Appointing an Executor
Your will should name an executor: the person responsible for administering your estate. This means gathering assets, paying debts, and distributing what remains to your beneficiaries. Choose someone you trust who is organised and capable. You can also nominate a professional executor, such as a law firm. At Nyama Law Chambers, we offer full executor services.
Providing for Children
If you have minor children, your will should appoint a guardian: someone you trust to raise your children if both parents are deceased. Without this, a court will make the decision for you. Consider also creating a testamentary trust within your will to manage assets on behalf of minor children until they reach adulthood.
Update Your Will Regularly
A will is not a once-off document. Review it after major life events: marriage, divorce, the birth of children or grandchildren, acquiring significant assets, or the death of a named beneficiary or executor. An outdated will can be nearly as problematic as no will at all.
If you do not have a valid will, there has never been a better time to create one. Contact Nyama Law Chambers, we will guide you through the process in a single, straightforward consultation.
