A will is simply a legal document in which an individual expresses his or her wishes as to how his or her properties should be distributed after death.
Not every writing of such explication qualifies as a valid will upon the death of the person making it (the testator).
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It is therefore essential for any individual who has the intention to prepare a will to do so in accordance with the rules as provided for in the Wills Act, 1971, (Act 360).
Preparing a will in accordance with the law will avoid unnecessary litigation upon the death of the testator.
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A will that is not prepared in accordance with the law will be declared invalid in court.
Below is a summarized definition of requirements needed for the execution of a valid will in Ghana;
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Capacity
Legally, any person who is eighteen years and above can make a will in Ghana. Also, the will must be in a written form describing how the properties owned by the testator will be distributed.
The exception here is an individual who is not of sound mind and is incapable of understanding the nature of his or her actions is not qualified to prepare a will.
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Property
It is only property either owned by a testator or that the testator will be entitled to at the time of death that can form part of the subject matter of the will.
This means a person cannot make a will disposing off properties that belong to another person or property he is not entitled to.
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Signature And Attestation
The testator must sign the will or in the event that he cannot sign direct for the will to be signed on his behalf by another person.
Executors
An executor is a person appointed to administer the estate of a person who has died leaving a will. The executors are usually nominated in the will.
