By STANSLOUS NGOSA-
“I DO not have anything to give away, I am not even wealthy, and so relatives will share whatever I will leave after I die.
“Some children want to see a lawyer and draw up a Will, but we don’t see any need for it. We aren’t wealthy, and we think they can sort things out on their own once we are gone.”
These are comments some people have made in regards to writing a Will.
It is, however, against these views that some people are not ready to write a Will because they do not realise the extent of problems would remain among family members after they have died.
A Will, according to Oxford Advanced Learners Dictionary, is a legal document that allows somebody to legally state what should happen to their assets after death.
In others words, it is to formally give property and possessions to somebody after one has died
A Will allows somebody to provide clarity on a whole range of practical matters, for example, if one has children, it can say who should look after them after dying unexpectedly.
The Will can name trusted individuals to handle the administrative side of dealing with the deceased property and possessions.
The document can protect one’s assets for the family and future generations.
However, the author talked to 30 people who included work and church mates, friends on social media and public places (drinking places) about writing a Will, only one had written the document, while others were not ready to pen down one any time soon.
Josephine Chisupa of Lusaka’s Chalala residential area says she is still thinking about how to approach her husband over the issue because it is not appreciated in the African culture as it is associated with death.
“We have seen a situation where some relatives fail to recognise the Will thinking that it was immediately prepared after somebody died or even suspecting a woman to have killed her husband so that she and family can benefit from the wealthy,” Ms Chisupa says.
She, however, says there is need for more education on the importance of leaving a Will in order for the families to appreciate and understand the benefit of the document to lessen property grabbing.
Ms Chisupa cited lack of education about a Will to many people failing to embrace it but thinking it is only the elitists who are ‘eligible’ to write a Will.
She says preparing a Will is important nowadays to avoid leaving children in destitution.
“The media should take a leading role in educating the masses on the benefit of leaving a Will and how to prepare it,” she says
Msozi Cholwe of Kanyama says leaving a Will is something she has thought about, but has not taken it seriously because she does not know what her husband would think about the issue.
“I am concerned about my husband’s reaction when I present it to him but it is something I need to pursue especially when I know how to prepare it,” Ms Cholwe said.
Ms Cholwe, however, advised couples not to rush into writing a Will after differing in a home as a way of trying to fix a partner who is wrong.
She says there should be peace and harmony when preparing the Will so that there are no further differences and disturbances in a home.
A recently married young man who spoke on condition of anonymity said; “I don’t have anything worth writing a Will for, I only have a car, my clothes, and salary bank account, they (relatives) will come and get whatever they would find, moreover, I would be long gone.”
A married colleague said he had problems with his wife when he proposed to draft a Will because the partner felt he was about to die.
“Since then, I have noticed some strange behaviour and sometimes I receive fun questions especially when I mention that I am sick and I need to seek medical, even flue is a problem,” he said
A friend on the social media said she was ready to write a Will but she does not know how the husband could receive the idea.
“I don’t know how my husband can react, maybe he may think I am after his wealth or planning to kill him so that I benefit. I think I need more time to think about it,” she said.
She, however, says it is sad to see that during this time and age, property grabbing is still rife in many homes.
“I have read in the media and seen in our community where families of the deceased grab even utensils and bedding from a widow, I need to make a decision fast,” she said.
But Mathew Mashoka of Chilenje South, who has written a Will, says preparing the document provides the peace of mind of knowing that loved ones are taken care of.
“Leaving a Will is essential if you want to be sure of leaving your property and possessions to your loved ones. Sometimes our real problem is that we do not want to face the reality and admit that someday we will die,” Mr Mashoka says
He says many people are consumed by the fear of dying.
Mr Mashoka said he is not a wealthy man but was working hard to achieve that, hence the needs to secure the future of the wife and children in an event that he died.
Asked if he had problems with his wife or relatives when he decided to write the Will, Mr Mashoka said: “No, the problem is, some people don’t approach the matter with a sober mind, for example, how do you present your wife or husband with such a topic at midnight especially after coming from drinking spree?”
He says the woman or man would definitely feel insure and question the motive.
However, some of the questions that came from the discussions include what happens if somebody dies without leaving a will, who will inherit the estate if there is no Will and whether it is necessary to use a lawyer.
According Williamson Solicitors, if someone dies without a Will, the Rules of Intestacy decide who will receive the property and possessions.
The Rules of Intestacy aim to take care of spouses, civil partners, and biological children.
According to the Intestate Succession Act Chapter 59 of the laws of Zambia, the Act provides a uniform Intestate Succession Law that will be applicable throughout the country.
The Act makes adequate financial and other provisions for the surviving spouse, children, dependants and other relatives of an intestate to provide for the administration of the estates of persons dying not having made a Will.
The piece of legislations also provides for matters connected with or incidental to the foregoing.
However, Wills are important legal documents and badly written or incorrectly worded ones can create even more problems than not having one at all.
So it is important to seek the help and advice of professionals.
The importance of keeping a Will up to date
One may have already written a Will; perhaps when he or she bought the first house or when the children were young.
However, as a lot more could have changed since the Will was written, it may not properly reflect the wishes now hence the need to update it regularly.
It is advisable to review the Will after every significant life change, so it still reflects ones wishes.
Who inherit estate in the absence of a Will?
If one does not leave a valid Will, Intestate Succession Act will dictate who administers the estate and who receives all the money, property, and possessions.
Is it necessary to use a Solicitor?
A Will does not have to be prepared and witnessed by a Solicitor to be legally valid but there are strict legal requirements, which should be followed, for a Will to be legally binding.
Even if the Will is valid, there are legal rules with regard to who can witness the Will and If the wrong people witness the Will it may be invalid or may find that certain gifts in the Will fail.
In addition to ensuring that the formal requirements of executing a Will are followed, taking the advice of a Solicitor is also recommended to ensure considering matters which are often overlooked by those making a Will without the advice of a Solicitor.
Some of the particulars include what happens if one of my named beneficiaries dies before me, how do one make provision for someone who is vulnerable for example a child or someone who is disabled?
These are some views of others about the Will, are you ready to write one?