Writing a valid will in Kenya

Most Kenyans die without a will. Their families then rely on the intestacy rules of the Law of Succession Act (Cap. 160), which may not reflect what the deceased wanted. A valid will gives you control.

Who can make a will

Any adult of sound mind can make a will. It must be made freely, without fraud, coercion or undue influence.

Formal requirements for a written will

Under section 11 of the Act, a written will must be:

1. signed by the testator (or by someone at their direction and in their presence),
2. witnessed by at least two competent witnesses, each of whom saw the testator sign, and
3. signed by the witnesses in the testator’s presence.

A beneficiary (or their spouse) should not witness the will — a gift to a witness can be void.

Oral wills

The Act allows oral wills made before two witnesses, but they are only valid if the testator dies within three months. They invite disputes and are not a planning tool.

Provide for dependants

Part III of the Act lets dependants — spouses, children and certain others the deceased maintained — apply to court for reasonable provision if the will leaves them out. A will that ignores dependants may be varied.

Practical tips

• List assets clearly: land by title number, bank accounts, shares, vehicles.
• Name an executor you trust, and a substitute.
• Keep the original safe and tell your executor where it is. Wills can be deposited with the Public Trustee or an advocate.
• Review your will after marriage, divorce, births or major acquisitions.

This article is general information, not legal advice on your situation.

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