Start with capacity and intention
Under section 22 of the Wills and Succession Law, a person making a will must be at least 18 and of sound mind. A will should record their own decisions. Where health, pressure from others or a recent change of wishes may become an issue, the circumstances in which instructions were given deserve careful attention.
The signing process
Section 23 requires a written will signed at its foot or end by the testator, or by someone acting in their presence and at their direction. The signature must be made or acknowledged before at least two witnesses present together. The witnesses attest and sign in the presence of the testator and each other. Where there is more than one sheet, each sheet must be signed or initialled by or on behalf of the testator and the witnesses.
Choosing witnesses
Section 24 addresses witness eligibility. The effect of a gift to an attesting witness, or their spouse or child, also needs consideration under section 25. Arrange suitable independent witnesses before signing, rather than asking whoever happens to be nearby.
What if there is a mistake?
A formal defect should be assessed before anyone assumes that the will is ineffective. Section 23A gives the court a power to correct specified mistakes or omissions when the statutory conditions are met. It is a judicial remedy, not permission to ignore the execution rules.
Before your appointment
Bring any earlier wills, a list of assets and countries involved, details of your close family and the names of possible executors. Explain who should receive particular assets and what should happen if an intended beneficiary dies first. A separate review is needed to establish how much of the estate can be disposed of by will.