The last will, testament

There is another life. When most mourners have left, the emotions have subsided and the mourning is quiet and soft, families get together to distribute the wealth of the deceased.
The spoons, plates, motor vehicle, house, you name them, will now all belong to some persona with no natural existence of its own, The Estate.
Making choices
As you wake up in the morning, you decide to bath and dress up. You decide to go to work, which suit, matching shirt and tie to put on. For others, which car to drive to work, the Merc or B’ma. “Life is good, wild and sweet”, sings Lionel Richie.
Making choices is one of the most important aspects of life. God created man in his image, (Genesis 1; 26). He gave him the freedom to choose, Genesis 2; 16. I think it is the most important gift God gave to man.
However, on death, does our choice-making die with us, especially where our assets are concerned? Yes to many people, and NO to an as yet small number of people. A big NO can be the order of the day to most people as it is possible to still make legally binding and respectable choices even in your death.
The Will is the single most important document that allows man to make choices long after the last post is played, the last scraps of gravel and dirt has been placed on top of the mound. The Will is you talking to the living, giving instructions about this that and the other. Your wish is your command and it will be respected.
Who can make a will?
All sane persons past the age of 16 can make a binding Will. A valid Will can be any document expressing the wish and will of a person, defining the manner and method of and persons who will receive benefits from their estates
What is a will?
A Will is a legal document that says what happens to somebody’s money and property after they die. In terms of the Will’s Act Chapter 6:06, a Will includes an oral Will, a codicil and any testamentary writing but does not include any transaction of a contractual nature.
The Will is normally administered by the Exec-utor/Executrix who shall be assisted by the Master of the High Court. It is the single most powerful instrument which can ensure that the wishes of the deceased are fulfilled.
It is considered, the “mouth” of the deceased person and where a deceased has exercised his or her freedom of testation/will making; his or her wishes as stipulated in the Will must be respected.
What happens if one leaves no will?
Customary law
The administration and distribution of intestate estates belonging to Africans takes place regardless of their size, complexity and particular circumstances, in accordance with customary law. Customary Law may also be applied to instances where an African person was not married at the time of his/her death.
Traditional practices generally exclude females from benefiting from the estate but in one instance, the High Court of Zimbabwe has ruled in favour of a married female child against the claims of brothers of the deceased. The customary practice can sometimes go to the extreme of excluding even the wife of the deceased on the premise that she herself can be inherited. But of course she can refuse to be inherited and instead claim maintenance from the appointed heir. 
Civil law position
According to the Roman- Dutch law, a person who dies “intestate”or without leaving a will has his/her estate devolving on his or her children in equal shares irrespective of their sex. This position however has been modified by a section of the Deceased Estates Succession Act Chapter 6:02 which makes the surviving spouse heir in respect of all household goods and effects in the estate of the deceased. The spouse is also entitled to a child’s share in respect of the remaining free residue of the estate. 
Where a person dies Testate or Intestate, the appo-inted executor or heir is required to act in the best interests of the beneficiaries of the estate. However, in many instances, this person has failed to support and maintain the surviving spouse and children of the deceased especially where a husband has died leaving behind a wife, confirming the idiom, “Nherera inoguta musi unofa mai”.
We have seen that civil law generally distributes assets equally among surviving children with the surviving wife or  husband receiving half the share if there are minor children or everything where there are none.
Customary law on the other hand operates very differently by awarding all assets to the heir usually the first born male child, excluding females, whether they are wives or daughters of the deceased. 
In 1997, a new law called The Administration of Estates Amendment Act Chapter 6:01 as amended by Statutory Instrument 6 of 1997 was passed, which stipulates that all heirs (children and wives) have to present an agreed plan of how they will share the estate but the first born son will be executor of the estate. This is not enough.  People may die.  People will not easily agree. The new law then is hoped to minimise cases where heirs have abused their position and neglected their customary responsibilities to surviving spouses or children. 
As can be seen, there already is a conflict between the laws. Therefore, the only sure way for individuals to ensure that their dependents are not neglected after their death is to write a Will. We will look at that in our next article. Make an informed choice, the future of your loved ones is in your hands.
 
-Philip Mataranyika is the CEO of Nyaradzo Funeral Assurance Comp-any. He can be contacted at mavmat67@hotmail.com