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Write a will to avoid inheritance battles

This country is experiencing a lot of family turmoil especially when a member dies.

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  • The distribution of the property must be reasonable, without discrimination and without any other person within the family who is supposed to inherit it being disinherited.

This country is experiencing a lot of family turmoil especially when a member dies.

The question that arises in these rows is the burial dispute that includes the place and the distribution of the deceased’s property.

The law provides that such disputes can be resolved through a will. There are conditions and terms legally to be complied with before a will is said to have been written within the law and complies with the law.

If those conditions are not met, that document will be challenged and it will be declared a nullity.

The will has two things to say; one, the manner in which the remains of the deceased—writer of the will—will be done. The manner, the mode and the place is part of the document.

Two, how the property of the deceased will be dealt with. The law says the deceased can’t will those properties outside the family. It must be members of the family.

The distribution of the property must be reasonable, without discrimination and without any other person within the family who is supposed to inherit it being disinherited.

If any of these grounds is not complied with, that document will be challenged on the basis that it has left out some people or it has bequeathed properties to outsiders.

The will can also be challenged in the manner it has been drafted; are witnesses beneficiaries? And at the time of writing the will, was the writer completely medically and physically in his proper state of mind?

If not the will is declared a nullity.

But the question is are the remaining family members ready to accept a will, especially that deals with the manner of disposal of the body? Most families are not.

What is the way forward for families then?

Writing a will is one of the ways.

The second way is to sit and discuss with those who are beneficiaries that upon my demise, this is the way to distribute the property.

Three, the properties that people have should be registered jointly. The law allows even children who are two days old to own property jointly with another one.

But the African in us does not allow us to contemplate death. So, many people are not writing wills.

By Lawyer Danstan Omari

Source
The Star

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