Looking to ensure your assets are distributed according to your wishes after you’re gone? Our comprehensive guide provides a step-by-step guide to writing a will in Kenya, covering legal requirements, essential elements, and common mistakes to avoid.
In any family setup, the absence of a clear Will can lead to significant disputes over the division of a deceased’s estate or even conflicts over burial arrangements. High-profile court cases, such as the SM Otieno Case of the 80’s, have vividly illustrated the chaos that can ensue when a Will is not in place. Such disputes not only strain family relationships but also create financial and emotional burdens. At F.M. Muteti and Company Advocates, we understand the importance of a well-drafted Will in safeguarding your wishes and maintaining family harmony.
What is a Will and Who Makes It?
A Will is a legal document outlining how one’s estate should be managed after death. It is created by an individual, known as the testator, to ensure their assets are distributed according to their preferences, provide for loved ones, or specify burial arrangements. While the Law of Succession Act permits oral Wills, written Wills are preferred for clarity and reference.
Key Elements and Requirements of a Will
- Personal Information: Include the testator’s full name, date of birth, and current address, as well as the same details for a spouse and children if applicable. This ensures all parties are clearly identified.
- Capacity: As per Section 5 of the Law of Succession Act, only adults of sound mind can create a Will. This means being at least 18 years old and understanding the implications of the decisions made.
- Executor: Appointing an executor is crucial. This person manages and distributes the estate according to the Will. Include their full name, address, and contact details. If no executor is named, a court will appoint administrators, which can complicate matters.
- Beneficiaries: Clearly list beneficiaries with their full names, addresses, and what they are to receive, whether specific assets or a percentage of the estate as this will help prevent disputes.
- Assets and Liabilities: Provide a comprehensive list of major assets, such as real estate, bank accounts, and investments, along with any liabilities or debts.
- Guardianship: For minor children, appoint guardians by providing their names and contact details to ensure they are cared for by trusted individuals.
- Legal Formalities: The Will must be signed by the testator or someone on their behalf in their presence, and witnessed by at least two competent witnesses simultaneously.
It is important to note that any new Will revokes the previous ones automatically. Also, care should be taken to ensure that any referenced documents are clearly identified as part of the will.
At F.M. Muteti and Company Advocates, we are dedicated to guiding clients through the complexities of Will drafting and estate planning. Our expertise ensures that Wills are well-crafted and legally binding, providing peace of mind and clarity. Contact us today to begin drafting a Will that protects your legacy and your loved ones. Let our team help ensure your wishes are honored and your estate is managed with precision.
Disclaimer
The information provided in this article is intended for general advice and does not constitute a legal advisory. Bearing in mind each legal issues has its unique features; we advise prospective clients to get in touch with us for more pointed and contextualized legal advice.
