Stay Home, Stay Safe, Make a Will

Making a Will is not a preserve of the rich or those on their deathbeds and contrary to African myths, it is not an invitation to death! Every adult should have a Will to help dispose of their estate after death. Your estate is everything that you own at the time of your death, including property, cars, cash, pensions, personal possessions, etc. Most people are worth far more than they realize as they often fail to take into account aspects of life insurance and benefits from employers. A Will is a legal declaration of a person's mind as to how he/she would have his/her property or estate disposed of after his/her death. Beyond washing hands and social distancing, Ugandans should work towards having a Will in the wake of this COVID-19 pandemic, and I will tell you why.

Making a Will can offer some real benefits for both you and those around you including ensuring the welfare of your family and proper disposal of your assets and wealth. It is surprising how many families encounter conflicts over the division of the deceased’s assets. A Will clarifies a lot of issues most of us would not wish to burden our family and friends with when we die. By seeking to eliminate the chance of any conflict, specifying where assets will be divided, your Will enables you to care for your family even though you are no longer there to provide for them. This is indeed a responsibility you owe to your family, friends and yourself.

By the same token, a Will is particularly important for those with young children; it is an essential way to name a guardian who will look after them in the event of you dying. Although the death of a loved one can be a traumatic experience for several reasons, a Will that has your wishes specified will make things a lot easier for your family.

More so, making a will is the ideal time to review your personal affairs to ensure you have arranged them correctly for the future. This requires that you constantly update your Will as your life circumstances change.

A Will that has been legally created and witnessed is difficult to contest and ensures that your final wishes in life will be met. It is equally important that you keep it secure and tell others how to find it.

Against that backdrop, some of the most important things to consider in the process of making a Will include the following;

1. The person making it should be 21 years and above (however soldiers involved in active combat are allowed to write a Will at the age of 18).
2. The person should be mentally stable and should not be suffering from an illness or taking any medication that may affect his decision-making process.
3. The person writing the Will should do so voluntarily; they should not be forced to include any property or any person in the Will that he/she does not intend to include.
4. The Will should be signed, dated and witnessed by two other parties who have no interest in the estate. For example, a beneficiary of a Will cannot be a witness to that particular Will.

Owing to our human nature, we are devoid of knowledge of the hour of our demise. For this reason, we must document our final wishes in life in the form of a Will. I accordingly urge every Ugandan to use this COVID-19 lockdown to review their personal affairs and write or update their Wills. Luckily, you can write a Will in the comfort of your home with support from your lawyer where necessary. Let's prepare for the worst as we hope for the best.

Stay Home, Stay Safe, think about making a Will!

Elias Bwambale is a Member of Uganda Law Society.