How to write a Testament

Under the Rwandan law a Will or testament is provided for under the succession law. With the right procedure any individual can be able to formulate a legal testament.

Tuesday, February 24, 2009

Under the Rwandan law a Will or testament is provided for under the succession law. With the right procedure any individual can be able to formulate a legal testament.

The Rwandan law defines a testament as an act by which a person decides on the destination of his/her property after his/her death and fixes provisions of his/her last Will.

There are three types of testaments that one can write as defined in article 57 of the Rwandan Law it can be oral, holographic or authentic.

Once you formulate a Will Article 58 and 59 explain that it has to be established by the testator before either the notary or the registrar of his/her residence. The notary keeps the original and documents the receipt of the Will.

A holographic testament is the one that is entirely written, dated and personally signed by the testator. In the event the testator/testatrix cannot write or can but is unable to draft or sign his/her testament, he/she can appoint somebody to do it for him/her as stated in article 60.

The written testament should be legalised by the Registrar or the notary of the place where it was drafted and in the presence of the testator/testatrix.

An oral testament is the one made by the testatrix in the presence of all or some of the rightful heirs who cannot be disinherited and in the presence of at least two witnesses of major age.

In the rightful heirs are unavailable at least four witnesses should be present at the signing of the will.

Article 63 of the Rwandan law states that any testament may be revoked as a whole or in part by the testator/ testatrix within the required forms of its validity. 

Once the Will is drafted the testator/testatrix can appoint one or several executors who shall be in charge of executing the succession. 

The original and the register of the drafted is confidential and shall only be consulted after the death of the testator/testatrix and only by persons concerned in the said testament.

Ends