SampleWills

NB Please note that these are samples drawn by  a legal practitioner and conform to the Zimbabwean laws on wills. They can be used as templates subject to personal variations. Note that an executor can be anyone you nominate — it does not have to be a lawyer. Doc

LAST WILL AND TESTAMENT

OF ————-

THIS IS THE LAST WILL AND TESTAMENT of me, ………………….. presently resident and domiciled in ZIMBABWE.

1.

I REVOKE all testamentary acts previously executed by me.

2.

I APPOINT the Senior Partner of the firm of ——————–, legal practitioners of Harare, Zimbabwe, or it’s successors in practice (hereinafter called “the firm”) in his capacity as a partner and for so long as he remains a partner of the firm, to be the Executor of this my Will and Administrator of my Estate and effects.  If such partner ceases to be a partner of the firm or renounces this appointment for any reason whatsoever, I appoint in his place any other partner of the firm on that basis and so on in the event that such partner’s successor or successors shall cease to be partners of the firm or relinquish their appointment hereunder. I grant to my Executor and Administrator the powers of assumption and substitution and I direct that my Executor and Administrator shall not be required to file any form of security with the Master of the High Court for the due administration of my Estate or of any Trust created in terms of my Will.

AS WITNESSES:

1.         ……………………

2.         ……………………                                                                        ……………..………………….

TESTATOR

3.

I BEQUEATH my Estate, wheresoever situate and whether moveable or immovable nothing whatsoever excepted to my wife, ……………..   Should my wife predecease me or fail to survive me for a period of thirty (30) days I bequeath the whole of my estate to …………...

4.

SHOULD any beneficiary under this my Will be under the age of eighteen (18) years when any benefit accrues or vests in him or her, I DIRECT that such benefit shall be held and administered by my Administrator in Trust.  My Administrator shall not be bound to pay such benefit into any Guardian’s Fund but shall Administer the same in accordance with the provisions of Clause 6 hereof.  My Administrator shall be entitled to pay such beneficiary, or to his or her Legal Guardian or to any person on behalf of or for the benefit of such beneficiary the whole  or such portion of the net income and if need be, the capital as he may consider necessary for the maintenance, education, advancement in life, or other benefit of such beneficiary until such beneficiary attains the age of eighteen (18) years when my Administrator shall hand over any remaining assets, the capital or remainder thereof, if any, together with any accumulated income to such beneficiary.

AS WITNESSES:

1.         ……………………

2.         ……………………                                                                        ……………..………………….

TESTATOR

5.

NO BENEFIT devolving upon any such beneficiary in terms of this my Will shall form part of any communal or joint estate of such beneficiary but shall be and remain his or her sole separate and exclusive property and should such beneficiary be married or marry with community of property then any benefit so accruing shall be expressly excluded from the community of property.

6.

My Administrator shall have full power in respect of the Trust herein created for any beneficiary to do all such things as may seem necessary or desirable in my Administrator’s sole discretion and without prejudice to the generalities of the aforegoing shall have the power to:

6.1       Retain the assets of the Trust Fund in the form in which they be received for so long as he may think proper.

6.2       Sell the assets of the Trust Fund and convert the same into money and invest and re-invest the same or part thereof in such manner and in such securities or property as he may in his absolute discretion consider proper and to vary such investments at any time:

6.3       Lend money upon such terms and conditions as he may in his sole discretion think fit:

6.4       Appoint agents and employ persons for the purpose of the Trust Fund and provide for their remuneration therefrom:

6.5       Institute, defend and conduct proceedings at law and allow time for payment in respect of monies due to the Trust Fund and compromise claims brought by or against the Administrator:

6.6       Open and operate any Bank, Building Society Account.

AS WITNESSES:

1.         ……………………

2.         ……………………                                                                        ……………..………………….

TESTATOR

IN WITNESS WHEREOF I have hereunto set my hand at
on this                                 day of                              2005

SIGNED AND  DECLARED  by  the  said …………………., the  TESTATOR as his Last Will and  Testament  in the presence of us present  at  the time, and who, at his  request  and in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

AS WITNESSES:

1. …………………..

2. …………………..                                                                       ……………….……………….

TESTATOR

LAST WILL AND TESTAMENT

OF

THIS IS THE LAST WILL AND TESTAMENT of me,    ………………………. (nee …………….) presently resident and domiciled in ZIMBABWE.

1.

I REVOKE all testamentary acts previously executed by me.

2.

I APPOINT the Senior Partner of the firm of ——————–, legal practitioners of Harare, Zimbabwe, or it’s successors in practice (hereinafter called “the firm”) in his capacity as a partner and for so long as he remains a partner of the firm, to be the Executor of this my Will and Administrator of my Estate and effects.  If such partner ceases to be a partner of the firm or renounces this appointment for any reason whatsoever, I appoint in his place any other partner of the firm on that basis and so on in the event that such partner’s successor or successors shall cease to be partners of the firm or relinquish their appointment hereunder. I grant to my Executor and Administrator the powers of assumption and substitution and I direct that my Executor and Administrator shall not be required to file any form of security with the Master of the High Court for the due administration of my Estate or of any Trust created in terms of my Will.

AS WITNESSES:

1.         ……………………

2.         ……………………                                                                        ……………..………………….

TESTATRIX

3.

I BEQUEATH my Estate, wheresoever situate and whether moveable or immovable nothing whatsoever excepted to my ……………..

4.

SHOULD any beneficiary under this my Will be under the age of eighteen (18) years when any benefit accrues or vests in him or her, I DIRECT that such benefit shall be held and administered by my Administrator in Trust.  My Administrator shall not be bound to pay such benefit into any Guardian’s Fund but shall Administer the same in accordance with the provisions of Clause 6 hereof.  My Administrator shall be entitled to pay such beneficiary, or to his or her Legal Guardian or to any person on behalf of or for the benefit of such beneficiary the  whole  or such portion of the net income and if need be, the capital as he may consider necessary for the maintenance, education, advancement in life, or other benefit of such beneficiary until such beneficiary attains the age of eighteen (18) years when my Administrator shall hand over any remaining assets, the capital or remainder thereof, if any, together with any accumulated income to such beneficiary.

AS WITNESSES:

1.         ……………………

2.         ……………………                                                                        ……………..………………….

TESTATRIX

5.

NO BENEFIT devolving upon any such beneficiary in terms of this my Will shall form part of any communal or joint estate of such beneficiary but shall be and remain his or her sole separate and exclusive property and should such beneficiary be married or marry with community of property then any benefit so accruing shall be expressly excluded from the community of property.

6.

My Administrator shall have full power in respect of the Trust herein created for any beneficiary to do all such things as may seem necessary or desirable in my Administrator’s sole discretion and without prejudice to the generalities of the aforegoing shall have the power to:

6.1       Retain the assets of the Trust Fund in the form in which they be received for so long as he may think proper.

6.2       Sell the assets of the Trust Fund and convert the same into money and invest and re-invest the same or part thereof in such manner and in such securities or property as he may in his absolute discretion consider proper and to vary such investments at any time:

6.3       Lend money upon such terms and conditions as he may in his sole discretion think fit:

6.4       Appoint agents and employ persons for the purpose of the Trust Fund and provide for their remuneration therefrom:

6.5       Institute, defend and conduct proceedings at law and allow time for payment in respect of monies due to the Trust Fund and compromise claims brought by or against the Administrator:

6.6       Open and operate any Bank, Building Society Account.

AS WITNESSES:

1. …………………..

2. …………………..                                                                 ……………….……………….

TESTATRIX

IN WITNESS WHEREOF I have hereunto set my hand at HARARE on this …… day of ………………………2005

SIGNED AND  DECLARED  by  the  said ………………………..(Nee ………),  the  TESTATRIX as her Last Will and  Testament  in the presence of us present  at  the time, and who, at her  request  and in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

AS WITNESSES:

1. …………………..

2. …………………..                                                                       ……………….……………….

TESTATRIX