The key clauses in a will typically provide for information regarding the testator, identifies the testator’s property together with the persons who will benefit from the estate and provide for the mode of distribution. Together, these clauses ensure that the wishes of the testator are clearly stated and legally binding. Some of the clauses to include in a will provide for:-

• Testator’s Information

At the heart of every last will and testament is the testator. The will should properly identify the testator and the property they intend to bequeath.  The will should also include the names of the intended beneficiaries or dependents. If the beneficiaries go by any other aliases in society, it is recommended that they include those in the will as well. If the testator had prepared a previous will, there must be a statement revoking all previous wills and codicils.

• Wishes on distribution of their property upon their demise.

A will should have a clause that accurately captures the testator’s wishes regarding the distribution of assets among beneficiaries. The beneficiaries can be a family member, friend, business entity, charity organization or even a trust fund. Some testators may attach some conditions to gifts given to the beneficiaries for instance the age when the beneficiaries will be eligible to receive the property in the will.

• Beneficiary designations

A will would typically include provisions relating to the division and distribution of assets between the beneficiaries.

• Executor appointment

Choosing an executor involves selecting a responsible and trustworthy person, often a family member, friend, or professional, to manage your estate and carry out the instructions in your will. If you don’t name an executor in your will, the court may appoint someone to handle your estate. It is advisable to name an alternate executor who will take over the executor duties if your first choice dies, is unable to act as executor, or decides he or she not wish to be executor. 

• Witnesses

There should be a clause that provides for the mode in which the will has been signed by the testator in the presence of witnesses, who themselves have signed the will.

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