The Act of Will: Legal Procedures and Enforcement Power in Rwanda

What is a Will?

A will is one of the most important legal documents that a person can create in their lifetime. It allows an individual to dictate how their estate will be distributed upon their death. In Rwanda, Article 362 of Law No 71/2024 governing persons and family defines a will as "a revocable unilateral deed intended to have a legal effect, drawn up in accordance with procedures prescribed by law, by which a person determines the disposition of their property after death."

This legal tool provides heirs with the clear rights to inherit property as per the deceased's wishes. It helps avoid disputes and ensures that the testator's legacy is distributed according to their intentions.

What Does a Will Involve?

A will can cover all or part of a person's estate. The individual making the will, known as the testator, may specify who should be excluded from inheritance in certain circumstances outlined by law. Importantly, a will may appoint testamentary executors—individuals responsible for executing the terms and ensuring that the estate is handled correctly.

When Can a Will Be Made?

A will is typically made before a person’s death. Once the testator passes away, the beneficiaries can take full ownership of the property. It’s crucial to understand that until the death occurs, the will has no effect, and the testator remains in control of their assets.

For those married under community or limited property regimes, it is necessary to get written consent from the spouse if the will involves common property. This ensures that both parties’ rights are protected.

Legal Capacity and Timing

According to Article 364, the testator must have "testamentary capacity," meaning they must be of sound mind and capable of fully understanding the significance of the document they are creating. Both the testator and their spouse must meet the legal requirements to make a valid will.

The Legal Procedure for Making a Will

The law provides for two types of wills: authentic and private.

• Authentic wills: These are made before a notary or civil registrar. The original document is securely stored, and its details—such as the date and the testator's personal information—are entered into an official register. This type of will remains confidential until the testator’s death, ensuring privacy during the testator’s lifetime.
• Private wills: These are handwritten and signed by the testator in the presence of two witnesses. If the testator is unable to write, they may designate someone to draft the will on their behalf.

Can a Will Be Amended?

Yes, a will can be amended at any time as long as the testator is alive and of sound mind. If multiple wills are drawn up, the provisions in the most recent will take precedence.

Disclosure of the Will

After the testator’s death, the will must be disclosed within 90 days. The head of the family is responsible for organizing this process, which involves the creation of a succession council to read and implement the will’s provisions. If the will is not disclosed within this period, interested parties may petition the court to enforce disclosure.

Wills made by a foreign national residing in Rwanda

Wills made by a foreign national residing in Rwanda are governed by the law of the country in which they are made, as to the form. However, a foreign national who makes his/ her will in Rwanda may choose to comply with the forms laid down by the law of his/her country of origin. The law of his/her country of origin, as to the substance and effects.

Revoking a Will

A will can be revoked in whole or in part if it was created under duress, fraud, or in violation of the law. When a will is revoked, the estate will be distributed according to the general legal provisions for succession, unless a new will is made.