What is a will?
A will is a legal document that outlines how a person’s assets and property should be
distributed after their death. It can also include instructions on guardianship of minors and
other personal wishes.
Why should I write a will?
Having a will ensures that:
● Your assets are distributed according to your wishes.
● Your family and dependents are provided for.
● Disputes over inheritance are minimized.
● The administration of your estate is simpler and faster.
What happens if I die without a will?
If you die intestate (without a will), your estate will be distributed according to Kenyan
succession laws under the Law of Succession Act. This means the court will decide how
your property is shared, which may not align with your wishes.
Who can make a will in Kenya?
Any person who is:
● 18 years or older
● Of sound mind
Can I write my own will, or do I need a lawyer?
You can write your own will, but seeking legal advice is highly recommended to ensure:
● The will is clear and legally valid.
● You avoid mistakes that could make your will legally unenforceable.
● Your assets are distributed efficiently and correctly.
Who can witness my will?
● At least two competent witnesses must be present.
● Witnesses must not be beneficiaries in the will (if they are, their gifts may be
voided).
● Witnesses should be independent and trustworthy.
Can I change my will after writing it?
Yes, you can update or modify your will at any time by:
● Creating a new will that revokes the previous one.
● Making a codicil (a legal amendment to your existing will).
How can I revoke a will?
A will can be revoked by:
● Writing a new will that expressly cancels the previous one.
● Destroying the will to revoke it.
● Getting married, unless the will was made in contemplation of that marriage.
Where should I store my will?
Your will should be stored in a safe place, such as:
● With a trusted lawyer or law firm.
● In a bank’s safe deposit box.
● In the High Court’s Will Registry, where courts provide will depository services.
Can a family member challenge my will?
Yes, a will can be contested in court if:
● The testator was not of sound mind when making it.
● It was made under duress, fraud, or undue influence.
● There are multiple conflicting wills.
● The will fails to provide for legal dependents.
What happens if I forget to include an asset in my will?
Any assets not mentioned in the will fall under intestate succession and will be
distributed according to the Law of Succession Act. To avoid this, update your will
whenever you acquire new assets.
Can I leave my entire estate to charity?
Yes, you can leave all or part of your estate to charity. However, it is important to provide
for any legal dependents, as a will can be contested if dependents are left out.
What if my executor dies before me or is unable to act?
It is advisable to name an alternative executor in case the primary executor is unable to
fulfill their duties. If no executor is available, the court will appoint an administrator.
How long does probate take in Kenya?
The probate process can take several months to a few years, depending on:
● Whether the will is contested or uncontested.
● The complexity of the estate.
● Court processing times.
Does a will cover jointly owned property?
No, jointly owned property automatically passes to the surviving owner unless otherwise
agreed upon.
Can my spouse change my will after I die?
No, once you pass away, your will becomes final and cannot be changed. However, it can be
challenged in court under certain circumstances.
Is a will written in a foreign country valid in Kenya?
Yes, a foreign will may be recognized in Kenya if it complies with the legal requirements
of the country where it was made and does not contradict Kenyan succession laws.
For professional guidance on drafting a will, consult a legal expert to ensure your final
wishes are upheld.
How We Can Help
At Prof. Tom Ojienda & Associates, we are committed to providing expert legal insights and
guidance across various practice areas. Whether you are an individual seeking legal redress
or an organization navigating complex regulatory frameworks, our experienced team is
here to support you. Our articles and insights are for informational purposes only and do
not constitute legal advice. For tailored legal solutions, please contact our team of
professionals at www.proftomojiendaandassociates.com to Stay Ahead of the Game.
