What is a will?
A will is a legal document on a man’s intentions which he wills to be performed after his death.

Who can make a will?
A person above 18 years can make a will.

Can a person with a mental illness make a will?
It depends. If at the time he was making the will he was suffering from the mental illness, he will  not have the capacity to make a will.

What if the will was made through fraudulent means or I was put under duress or under undue influence whilst I was making the will?
If the will was obtained by fraud or made under duress or under undue influence, the will is void.

How old can I be to make a will?
You must be above eighteen years old

Is it true that a person above 70 years cannot make a will?
This is not true. Anybody above the age of 18 years can make a will and who is of sound mind.

Am I prevented from making a will if I am blind, deaf, people who cannot speak or illiterate?
No. Deaf people, blind people, people who cannot speak and illiterates are allowed to make a will

If I am blind or illiterate how can I read my will?
You need to get someone you trust to read over the will for you and explain the contents of the will to you. The person you trust should declare in writing that he has explained the contents of the will to you and that you perfectly understood what was written.

Is it enough to just tell people what I will give them after I pass away?
It is not enough. Your will must be in writing. Any form of writing, printing, typewriting or a combination of these will suffice.

Is it true that the will must be signed by the person making it for it to be valid?
Yes. The will must be signed by the person making the will, or some other person at his direction The person making the will is call a testator.. If the testator cannot read he can use his thumbprint or anyone directed to do so by the testator.

Is it true that I must sign my will in the presence of witnesses?
Yes it is true.

How many witnesses do I need?
You need at least two witnesses

Do the witnesses need to know it is a will they are attesting to?
No.

Can the testator pick any person to be an executor of the will?
No. The executor must be at least 21 years of age.

Can I pick more than one executor?
Yes. You can pick more than one executor, however, you cannot pick more than four

What if I don’t want a person to be an executor of my will?
If you don’t want a person to be an executor of your will, you can appoint a corporation or a legal body.

Can I add or incorporate other documents into my will?
Your will may not incorporate any document unless that document was in existence at the time the will was executed and is sufficiently identified in the will.

Can I alter my will?
Yes, however, it will only have effect if it is separately executed in the manner that is required for the execution of the will or unless it has been made valid by the re-execution of the will or by the subsequent execution of a codicil.

Can I make an additions or amendments to my will once it has been completed?
Yes. You can do this through a codicil, a codicil is a written supplement to a will, containing anything which the testator wishes to add, or any explanation or revocation of what the will contains

Can I revoke my will?
Yes. Revocation is the calling back of a thing granted. A revocation can occur in three ways:

1. By the person who made the will
2. By operation of law
3. By a court of justice.

Click here to read our article about what happens if a spouse dies without a will in Ghana