Lawyer Warns Against Ignoring Legal Requirements in Will Preparation

By: Solomon Nartey Tetteh

Legal Practitioner Kwame Adusei has cautioned Ghanaians against neglecting the formal requirements for preparing and depositing wills, stressing that failure to comply with the law could render such documents invalid.

Speaking on the Business Breakfast Show on Zed FM, Mr. Adusei explained that under the Wills Act, a valid will must be in writing and signed by the person making it, known as the testator.

“The law is plain: it must be in writing. After you have written your will, whether in your own handwriting or typed for you, you must append your signature. Then there must be at least two people present to witness your signature, or whom you show the signed document to. Those witnesses must also sign the document to make it valid,” he said.

According to him, the law has not yet recognized wills made via video recordings, as the Act requires written execution and attestation.

“It becomes difficult to see how this can be done in the case of a video. We have not had a case where this has been tested in court, but as the law stands now, it requires that it must be in writing,” he added.

Mr. Adusei further emphasized that beyond preparing a will, proper deposition is critical. He advised that wills must be lodged with the courts for sealing and safekeeping to avoid future disputes.

“If you prepare a will and keep it in your diary, it is not in the records of the court. Once you send it to the courts, they put a seal on it and keep it in a depository. Any time it is changed, the amendments what we call a codicil must also be deposited there,” he explained.

The lawyer cautioned that without professional guidance, many people risk having their wills disregarded in court.

“You may be almost at the finish line and not be able to cross it because the right procedures were not followed, he said.

He urged the public to seek professional assistance despite concerns about legal fees