05 Nov 2017

Registrar and Master of the High Court, Mr Michael Motlhabi says Batswana should draw up wills to help manage conflicts and deter corrupt individuals from looting deceased’s resources.

In an interview, Mr Motlhabi said contrary to the notion that a will should be drawn by attorneys, Botswana Law indicated that everyone over the age of 16 can draw up a will and submit it to the High Court Registrar.

He said a will must be written in simple language, clear and precise sentences to enable everyone to understand.

Again, he encouraged people to avoid use of ambiguous or Latin language commonly used by attorneys.

He added that while everyone was free to draw up their own will, they should seek services of attorneys in complex situations.

He also stated that a will, which is a legally binding document that stated the final wishes of a late person, should be respected.

After death, he said, an estate would be registered by the High Court which would ensure that the deceased’s final wishes would be fulfilled.

He said an executor would distribute property of the deceased according to contents of the will. 

“In some cases when one dies, everyone can come and claim a share of their property, even those who are very undeserving. A will can therefore rescue the situation in such cases,” he said.

Mr Motlhabi highlighted that those who lived with disabilities such as visually impaired should seek services of District Commissioners in their areas.

Further, he noted that a will can protect minors and safeguard their property until they were of age.

Thus, he said it was important for Batswana to ensure that they drew wills while still alive to secure livelihoods of their children and spouses when they were no longer there to take care of them.

For that reason, he said, issues of poverty could be alleviated as the children’s property would not be scattered all over when a will was there to offer direction.

For her part, Deputy Registrar of the High Court, Ms Juliana Dube said it cost P2.00 per annum for the registrar to keep a will in a safe.

She added that it was essential for Batswana to make use of the will facility at the High Court to ensure that their last wishes were fullfilled.

She said where a will was not drawn, family members were prone to conflicts which could also affect other areas of their lives. ENDS