A Last WILL is one of the most crucial legal documents you can prepare in your lifetime. It ensures that your property, assets, and even the custody of minor children (if applicable) are handled according to your wishes after your death. Without a will, the state decides how your estate is distributed, often leading to disputes among family members.
This guide covers everything you need to know about writing a valid will in Kenya—legal requirements, probate, executors, contesting a will, and more.
What Is a Last WILL?
A Last WILL is a legal document that outlines how a person’s property and assets should be distributed after their death. It also allows the testator (the person making the will) to:
- Appoint an executor to manage the estate.
- Name guardians for minor children.
- Specify funeral arrangements.
- Create a trust (if necessary).
Without a will, the estate is distributed according to intestate succession laws, which may not align with the deceased’s wishes.
Why Is a Last WILL Important?
- Control Over Asset Distribution – You decide who inherits your property.
- Prevents Family Disputes – Clear instructions minimize conflicts.
- Appoints Guardians for Minor Children – Ensures your kids are cared for by trusted individuals.
- Avoids Intestate Succession – The government won’t decide who gets what.
- Reduces Legal Complications – A valid will speeds up the probate process.
Legal Requirements for a Valid Will in Kenya
For a will to be legally binding, it must meet the following conditions:
1. Written & Signed
- Must be in writing (oral wills are only valid under specific conditions).
- Signed by the testator (or someone in their presence if they’re unable to sign).
2. Witnessed by Two Competent Persons
- Witnesses must not be beneficiaries (interested parties).
- They must sign in the presence of the testator.
3. Testator Must Be of Sound Mind & Legal Age
- The testator must be 18+ years old and mentally capable of making decisions.
4. Clear Distribution of Assets
- The will should list beneficiaries and specify what each receives.
5. May Include a Self-Proving Affidavit (Optional but Recommended)
- A notarized statement confirming the will’s authenticity.
What Happens If You Die Without a Will?
If you die intestate (without a will), Kenyan law dictates how your estate is distributed:
- Spouse & Children – Spouse gets half, children share the rest.
- No Children? – Spouse inherits everything.
- No Spouse or Children? – Parents or siblings inherit.
- No Family? – The government may take the estate.
The Probate Process in Kenya
Probate is the legal process of validating a will and administering the estate. Here’s how it works:
- Submission to Court – The executor files the will in probate court within 30 days of death.
- Verification – The court confirms the will’s validity.
- Executor Appointment – The court officially appoints the executor.
- Asset Distribution – Debts are settled, and remaining assets are distributed to beneficiaries.
Can a Will Be Contested?
Yes, but only under specific grounds:
- Fraud or Forgery – If the will was tampered with.
- Undue Influence – If someone pressured the testator.
- Lack of Mental Capacity – If the testator was not of sound mind.
- Improper Execution – If legal formalities weren’t followed.
Note: Simply disliking the will’s terms is not a valid reason to contest it.
Common Mistakes to Avoid When Writing a Will
❌ Not Updating the Will – Major life changes (marriage, divorce, new children) require updates.
❌ Choosing the Wrong Executor – Pick someone trustworthy and competent.
❌ Forgetting Digital Assets – Include online accounts, cryptocurrencies, and intellectual property.
❌ Not Storing the Will Safely – Keep it in a secure place and inform the executor.
Final Thoughts
A Last WILL is not just for the wealthy—it’s a vital document for anyone who owns property or has dependents. By drafting a clear, legally sound will, you protect your loved ones from unnecessary legal battles and ensure your final wishes are honored.
If you haven’t written a will yet, consult a lawyer or use a trusted will-writing service to get started.
Need Help Drafting a Will?
Contact an estate planning lawyer today to secure your legacy!
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for personalized guidance.
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