How to Write a Valid Will in Kenya

Writing a will is one of the most important steps in securing your family’s future and ensuring your assets are distributed according to your wishes. In Kenya, wills are governed by the Law of Succession Act (Cap 160). Without a valid will, your estate may be distributed according to intestate laws, which might not align with your preferences.

Here’s a step-by-step guide on how to write a valid will in Kenya.

1. Who Can Make a Will in Kenya?

Under Kenyan law, any person can make a will if they:

Are 18 years or older
Are of sound mind at the time of writing the will

This applies to both men and women, and to both married and unmarried individuals.

2. Key Elements of a Valid Will

To ensure your will is valid in Kenya, it must meet these requirements:

In Writing: The will must be in written form (typed or handwritten).
Testator’s Signature: You, the testator, must sign the will at the end.
Witnesses: It must be signed in the presence of at least two adult witnesses, who also sign it in your presence.
Voluntariness: It must be made freely, without coercion or undue influence.
Clarity: Clearly identify your property and the beneficiaries. Avoid vague terms.

3. What Should You Include in the Will?

Here’s a checklist of what your will should contain:

Personal Details: Your full name, ID number, address, and declaration that the document is your will.
Revocation Clause: A statement revoking any previous wills.
Executor Appointment: Name a trusted person to manage your estate (the executor).
List of Assets: Describe all assets you wish to include—land, money, vehicles, investments, etc.
Beneficiaries: Clearly state who gets what. You may include family, friends, or charities.
Guardianship: If you have minor children, appoint a guardian for them.
Residuary Clause: Indicate how any remaining property should be distributed.

4. Storing and Updating Your Will

Keep the Will Safe: Store it in a secure location such as a law firm, safe, or bank. Inform your executor where it’s kept.
Review Regularly: Update your will after major life events like marriage, divorce, or acquiring new assets.
Codicils: Minor changes can be made using a codicil, a separate signed document.

5. Why You Should Avoid DIY Wills

While it’s possible to write your own will, mistakes can make it invalid or cause disputes. Common pitfalls include unclear language, failure to follow legal formalities, or omitting key assets.

Let Nkatha Advocates Help You Draft a Legally Binding Will

At Nkatha Advocates, we understand how important peace of mind is when planning your legacy. Our legal team will help you craft a watertight will that reflects your wishes and stands up in court if challenged.

Protect your loved ones
Avoid inheritance disputes
Ensure a smooth succession process