Writing Wills & Military Personnel
By Dickson Jere
Yesterday, someone commented on my picture at the Zambia Army Annual Ball when I did use the occasion to sensitize the military officers on the need to write Wills and Last Testaments. I then indicated that it was a very important and interesting subject and I promised to jot down few lecture notes today.
You see, in Zambia Wills are governed by the law. We have the “Wills And Administration Of Testate Estates Act”, which is Chapter 60 of the Laws of Zambia. So, for a Will to be valid, it must conform to the legal framework provided under this Act. That is why it is important to get a lawyer to assist you with the process of settling the Will so that it is valid and in line with the law.
One of the key issues to do with the valid Will is how that Will was written, executed (signed) and witnessed. Once the Will is written, the Testator must sign it in the presence of two witnesses who should be present at the same time and they should also sign as witnesses at the foot and end of the Will.
However, the law recognizes that members of the Defence force who are in active service may not have that luxury of time to go through these procedures and formalities. This includes those in security operations such as the UN peacekeeping or border patrols.
Therefore, the law (Section 6 subsection 4) has provided an exemption for the military personnel. It has allowed them to write Wills in the following manner;
1. Written and unattested if the signature and the handwriting of the military personnel;
2. Written (whether or not in his/her handwriting and attested by one witness;
3. Orally in the presence of two witnesses.
As you can see, the military personnel have been allowed to even have oral Wills as long as there are two witnesses present when making it. This could even be in the battle field. Further, the law allows them to write a Will and only witnessed by one person unlike everyone else who requires two witnesses to be present at the same time.
By the way, the provisions of the military personnel also apply to civilians who are very ill or physically injured who have lost hope of recovery and who eventually dies from that same illness or injury, may also make oral Wills and Last Testaments.
So, get to a lawyer get professional advice. The above notes are just for your general knowledge of the Will and Last Testaments involving the military personnel.
