Q: My husband passed away recently, and a close friend mentioned that he had written a will before his demise. How should I proceed?
If your husband left a will, the first step is to confirm its existence and validity. Here’s what
you should do:
- Locate the Will – Check if the will is with a trusted person or a lawyer or stored in a
secure place such as a law firm or a bank. - Engage an Advocate – Consult a lawyer to help you review the will and understand
its legal implications.
In this case, your late husband’s will is written and its validity should be confirmed
as per the requirements set out in Section 11 of the Law of Succession Act. The will
ought to be:
❖ Signed by the testator/ has been signed by someone else in the presence and
by the direction of the testator (deceased).
❖ The signature is placed on the bequest to appear that it was intended to give
effect to the will.
❖ Attestation of the will by two or more competent witnesses who must see the
testator sign/affix his sign/mark on the will. - Apply for Probate – If the will is valid, the named executor should apply for a Grant
of Probate at the High Court. This legal process allows the executor to distribute the
estate according to the will. - Notify Beneficiaries – All beneficiaries named in the will should be informed, and
the estate administration process should begin as per the will’s instructions. - Handle Any Disputes – If there are any objections or disputes regarding the will,
they may be resolved through mediation or court proceedings.
If you are unsure about any step, seeking legal guidance will help ensure a smooth
succession process.
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