27/08/2025
VALIDITY OF A WILL: IS MY WILL VALID OR VOID?
Having a will is crucial to the protection of your future and your legacy. You might have a will, but what do you consider to ascertain that your will is valid and that at the time of its ex*****on, your wishes will be seen through?
The Law of Succession Act (Cap 160) sets out clear rules that for a will to be valid, these criteria in its creation must be met:
● Age & Capacity – Any person of sound mind who is not a minor can make a will.
● Equal Rights – Men and women, whether married or unmarried, have the same capacity to write a will.
● Sound Mind Presumption – A person making a will is assumed to be of sound mind unless proven otherwise (e.g., mental illness, extreme drunkenness, or incapacity at the time of signing).
● Freedom of Testation – You are free to dispose of your property in any way you choose, under secular or religious law.
However, a will is invalid if it was made through:
● Fraud
● Coercion or undue influence
● A mistake that removes the free will of the testator
Formalities of a Written Will:
Must be signed or marked by the testator (or another person under their direction).
Must be properly placed to show intention.
Must be witnessed by at least two competent witnesses, each signing in the presence of the testator.
of Succession
