The validity of wills is essential for ensuring the proper execution of a testator’s intentions. This article explores the significance of a jurat in determining the validity of wills and its evidential value within the legal framework of Ghana.
Notably, the Wills Act allows for the use of a jurat as certification when a will is executed for a blind or illiterate testator. However, a crucial debate arises regarding whether the absence of a jurat invalidates the will or if a jurat holds presumptive value. This article delves into the evolving legal perspective on the use of a jurat and the implications of non-compliance with the Act.
Some argue that the absence of a jurat renders the will null and void, as it fails to provide conclusive evidence that the contents were read and understood by the testator. On the other hand, a counterargument maintains that the presence of a jurat only creates a rebuttable presumption that the testator comprehended the will, and its absence should not invalidate the document if other evidence proves understanding.
Recent court decisions favour the latter viewpoint, emphasising the need to consider all available evidence when determining the validity of a will. While the Illiterates’ Protection Ordinance safeguards the interests of illiterates and blind persons, it remains silent on the status of deaf or dumb individuals. The question arises as to whether proficient users of sign language should be considered literate under the law. An amendment to include deaf and dumb individuals in the protected class could be a beneficial step.
In conclusion, the article advocates for a pragmatic approach, focusing on the overarching goal of preserving the testator’s true intentions.
