What are the key formalities for a valid Will in Zimbabwe?

A Last Will and Testament (Will) is not just an ordinary document. A Will, is a legal document which derives its validity from compliance with the Wills Act [Chapter 6:06]. It records the free and independent wishes of a testator or testatrix in respect of the distribution of the assets of his or her estate.

A Will should comply with the formalities of the statute prescribing the requirements of a valid Will. see Janda v Janda 1995 (1) ZLR 375 (S). The key formalities for a valid Will in Zimbabwe are:

• (a) It must be in writing;
• (b) The testator is sixteen (16) years old or older and not mentally incapacitated;
• (c) The testator, or some person in his or her presence and at his or her discretion, must sign each page of the Will as closely as may be to the end of the writing on the page concerned;
• (d) Each signature is made or acknowledged by the testator by the testator in the presence of two (2) or more competent witnesses present at the same time; and
• (e) Each competent witness either, (i) signs each page of the Will, or (b) acknowledges his or her signature on each page of the Will in the presence of the testator and of the other witnesses.

The Master of the High Court is empowered to reject a Will in Zimbabwe which does not comply with the provisions of the Wills Act [Chapter 6:06]. The Master of the High Court of Zimbabwe is empowered to consider any document that purports to be a last will or codicil and does not meet the above requirements. see Mashakada v The Master of the High Court & Another 2001 (2) ZLR 311 (H).