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Will writing in the wake of COVID-19 pandemic in Zimbabwe

“DEATH is not the end. There remains the litigation over the estate.” Ambrose Bierce A brush with death gives a wake-up call to a lot of things in life. Globally, the COVID-19 pandemic has resulted in over 1,3 million deaths being recorded and Zimbabwe has also faced the ordeal and the pandemic is still looming. People should be more contemplative about their wishes and how they would prefer to support their nearest and dearest if they were to succumb to the virus. guest column:Scott P Mamimine Have you planned for your demise? A will is a legal document that allows a person to state what they want to happen with their assets. In the definitional section of terms in Wills Act (Chapter 6:06), a will includes an oral will, a codicil and any testamentary writing, but does not include a document evidencing an antenuptial contract or other transaction of a contractual nature. With regards to oral wills, it can be difficult to actually prove the oral will. Because it was not written, it may be difficult to remember all of the terms that the testator provided. Witnesses may have different memories about what was said. The oral will may have been delivered during an emotional distraught time, such as the testator being struck with a sudden illness and the witnesses may have a blurry recollection. Additionally, proving an oral will is often subject to challenge. Individuals who stand to inherit may not want the instructions in the oral will to be carried out. Those trying to prove the provisions in the oral will may not be able to show that all of the elements were met, such as the person being in peril of death. The key reasons to have a will can be summarised as follows:  Provides an inventory of assets, especially in cross-border estates.  Clearly sets out the deceased’s final wishes for the ownership of assets to minimise the chances of conflict. A will, or side letter, might even set out reasons for such decisions.  Avoids uncertainty or unintended consequences (such as the intestacy rules). The great management guru Peter Drucker once said: “There is no success without a successor.” In other words, lasting achievement is really only achieved if it continues after we are gone. If one dies without a will, then the person would have died “intestate”. The word “intestate” means a person who has died without having made a will and the estate will be distributed in accordance with the laws of intestacy. In Zimbabwe, this means the Adminstration of Estates Act (Chapter 6:01) and the Deceased Estates Succession Act (Chapter 6:02) become the governing statutes on how the estate of the deceased who died intestate should devolve. The Wills Act [Chapter 6:06] regulates the writing of wills in Zimbabwe. In order for a will to be valid it must satisfy the requirements as set out in section 8(1) of the Wills Act as follows:-  It must be in writing  It must be been signed by the testator (a person who has made a will or given a legacy or inheritance)  It must be attested to by two or more competent witnesses in the presence of th

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