For the longest time, leaving a last will and testament has been regard as a complex affair that is reserved for the wealthy. In essence, provided you have some property to you name, you should write a will. It is also important to note that writing a will can be very easy, simple and inexpensive as we shall illustrate below.

The Law of Succession Act does not prescribe a particular form of will, meaning that it may be handwritten, typed, printed or in lithographed form. If you can’t write then there is a provision of having any other person write the will for you. It is also important to note that a will may also be written in any language and on any material provided the material produces a visible form. In the case of Hodson vs Barnes a will was written on an eggshell and in the Murray case, a will was written on a cigarette packet.

A signature on a will is intended to give effect to the will. The Law of Succession Act does not define the term ‘signature’ but the courts have widely interpreted it to cover any mark of the testator (A testator is a person who dies leaving a will or testament in force). A signature could take the form of thumb print, initials, assumed name and a mark by a rubber stamp with the testator’s name.

In situations where a testator can’t sign his will, he may have another person sign the will on his behalf. It is though important to note that the testator should be present when another person is signing his will. The concept of ‘presence’ has a physical and mental dimension. The signature has to be made under the testator’s direction, and the testators’ physical and mental condition should be such that he could either object or assent to the signature, made on his behalf.  The person who signs on behalf of the testator may sign his or her name or in the testator’s name.

Section 11 of part 2 of the Law of Succession act states that the signature or mark should be placed as to make it appear that the testator  intended by the signature or mark to give effect to the will. The signature can theoretically be placed anywhere on the document as long as it is apparent from the position that it is intended to give effect to the will.

A will requires two or more competent witnesses for it to be regard as valid. A competent witness can be an adult of sound mind who isn’t a beneficiary to the will. Section 11(C) of the Law of Succession Act states that the testator’s signature must be made in the presence of two witnesses.

Let’s quickly look at what validates a written will:

• The will should have the signature of either the testator or that of any other person who signed on behalf of the testator.
• The signature should be placed so as to appear it intended to give effect to the will
•  The will should be attested/witnessed by two or more competent witnesses, each of whom must have seen the testator sign the will, or have seen another person sign the will on behalf of the testator.