A will in Kenya is a legal document that outlines how a person’s property and assets should be distributed after their death. It is one of the most important documents anyone can have to ensure their wishes are respected. If you live in Kenya and want to understand how to create a will that is legally binding, this article will guide you through the process and explain what a will is in Kenya and how to create one.
What Is a Will in Kenya?
A will is a legal declaration made by an individual (testator) regarding how their property, assets, and belongings should be distributed after their death. A valid will ensures that your wishes are respected and can help avoid family disputes over inheritance. In Kenya, wills are governed by the Law of Succession Act, which sets out the legal framework for writing and executing a will.
How to Create a Will in Kenya
Creating a will in Kenya involves a few important steps to ensure that the document is legally binding and that your estate is managed according to your wishes. Here’s a step-by-step guide to creating a will in Kenya:
1. Choose the Right Executor
An executor is a person responsible for carrying out the instructions in your will. This person should be trustworthy and capable of managing your estate. The executor will also need to apply for letters of administration to manage your estate after your death.
2. List Your Assets
You need to make a comprehensive list of all your assets, including property, savings, investments, and personal belongings. This will form the basis of your will and ensure that each item is allocated appropriately.
3. State Your Wishes Clearly
In your will, clearly state who should inherit each of your assets. You can specify whether you want your property to be sold and the proceeds distributed, or if specific items should be passed on to certain individuals.
4. Legal Witnesses
In Kenya, a will must be signed in the presence of two independent witnesses who are not beneficiaries of the will. These witnesses confirm that the will was signed by you voluntarily and that you were of sound mind at the time.
5. Keep Your Will Safe
After drafting your will, store it in a safe place, such as a safe deposit box or with a lawyer. Ensure that your executor knows where the will is kept so it can be easily accessed after your death.
6. Review and Update Your Will Regularly
Life circumstances change, and so do the people you wish to leave your estate to. It’s important to review and update your will regularly, especially after major life events such as marriage, divorce, or the birth of children.
Legal Requirements for a Will in Kenya
In Kenya, there are specific legal requirements for a will to be valid:
- The testator must be at least 18 years old.
- The will must be signed in the presence of two independent witnesses.
- The testator must be of sound mind at the time of signing the will.
Importance of Having a Will in Kenya
Having a will is essential for ensuring that your property is distributed according to your wishes. Without a will, your estate may be subject to the laws of intestacy under the Law of Succession Act, which may not align with your preferences.
Conclusion
Creating a will in Kenya is an important step in ensuring that your loved ones are taken care of and your assets are distributed as you wish. By following the necessary legal steps and ensuring that your will is properly executed, you can have peace of mind knowing that your affairs are in order.
