A will lets you decide who receives your property, who looks after it and who administers your estate after you die. In Zambia, wills are governed by the Wills and Administration of Testate Estates Act. A will that does not meet the Act’s formal requirements may not be valid, and your estate could then pass under the rules for people who die without a will. This guide explains how to make a will that the law will recognise.
Who can make a will
Under section 4 of the Act, any person who is not a minor, meaning a person who has reached eighteen, and who is of sound mind may make a will.
Law cited
Wills and Administration of Testate Estates Act (Cap. 60): application (section 2); capacity (section 4); execution (section 6); beneficiary witnesses (section 8); alterations (section 12); revocation (section 13); provision for dependants (sections 20 to 22).
Under section 6, a will is valid if it is in writing and:
- it is signed at the foot or end by the person making it, or by someone else in their presence and at their direction; and
- that signature is made or acknowledged in the presence of two witnesses, present at the same time, who also sign at the foot or end of the will.
Any person who is not blind and is of sound mind may be a witness.
Do not let a beneficiary witness the will
Under section 8, a beneficiary who witnesses a will generally loses their gift under it, although the will itself remains valid. There is an exception if at least two other witnesses who are not beneficiaries also attested the will. The simplest approach is to use two independent witnesses who receive nothing under the will. An executor may act as a witness.
If the person making the will is blind or illiterate
Where the person making the will is blind or illiterate, someone competent to make a will who did not take part in preparing it must read over and explain the will before it is signed, and must declare in writing on the will that they did so and that the person appeared to understand it.
The Act allows less formal wills in limited situations, for members of the defence and security forces on active service and for people with a settled expectation of death from illness or injury. Most people should use the standard form above.
Changing or revoking a will
- Alterations made after signing have no effect unless they are signed by the person making the will and the witnesses, or referred to in a signed memorandum.
- A will can be revoked by a later will or codicil that says so, by a written declaration executed like a will, or by deliberately burning, tearing or destroying it.
- Where there are several wills, the latest prevails to the extent of any inconsistency.
What a will cannot do
The Act does not apply to land acquired and held under customary law that cannot be disposed of by will under that law, or to property held as part of a chieftainship. And if a will does not make reasonable provision for a dependant, meaning a spouse, child or parent, the court may on application order reasonable provision out of the estate. Such an application must generally be made within six months from when representation of the estate is first taken out.
Keep it safe
Store the original will somewhere secure and tell your executor where it is. Review it after major life events, such as marriage, divorce, the birth of a child or a significant change in your property. If someone dies without a valid will, a different regime applies; see our guide to dying without a will in Zambia.
Our trusts and estate law team prepares wills and advises on estate planning.
Frequently asked questions
What makes a will valid in Zambia?
It must be in writing, signed at the end by the person making it (or by someone at their direction), with that signature made or acknowledged before two witnesses present together, who also sign.
Can a beneficiary witness a will?
They can, but a beneficiary who witnesses generally loses their gift, unless two other non-beneficiary witnesses also attested the will. Use independent witnesses.
How do I change my will?
Make a new will or a codicil executed in the same way. Handwritten changes after signing have no effect unless signed by you and the witnesses.
Can my family challenge my will?
A dependant, meaning a spouse, child or parent, may apply to court if the will does not make reasonable provision for them, generally within six months of representation being taken out.
