Steps to ensure you have a valid will

A will is a legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death.

There is no specific format to make a will so long as the testator follows legal requirements to fulfil a valid will such as requirement of witnesses, sound mind without any undue influence, signature and appointment of executor.

However, it is possible that after the death of the testator, the will is challenged by a relative in court.

Here are steps that one can take to ensure that a will sustains a challenge:

Clarity

Any ambiguity or uncertainty in the language of the will and specific bequests can render the will or the bequest void. Hence it is important to clearly state all the wishes of the testator so as to avoid any misinterpretation or confusion.

Schedule of property

The testator should make a list of all the property (immovable and movable) that he owns as on the date of making the will. This schedule is appended to the will, making it a part of the will. This ensures that no asset is left out from the scope of the will.

Residuary clause

A residuary clause disposes of such property to a desired person, which has not been expressly bequeathed to anyone in the will. This clause helps bequeath any property that has been missed to be included in the will.
Reasons for disinheritance

If the testator wishes to disinherit a particular close relative from the will, it is a good idea to state the reason for such an action in the will so as to avoid any dispute.
Single copy

It is of prime importance to maintain only a single copy of a will. All older wills must be destroyed. Registration of the latest will supports this cause. Superseding existing will is good practice while making a new will.

Points to note

Registration of a will ensures safe custody of the will and prevents tampering, mutilation or theft of will.

Videographing is also a good measure.

The above are good housekeeping tips for protection of a will against a challenge.

Content: Centre for Investment Education and Learning (CIEL).