How to Write a Will in Kenya: A legal declaration made by a person and which reflects their intentions or wishes on how their property is to be disposed upon their death is called a will. Wills can be written or oral. With a will, the surviving members of a deceased’s family are assured that the property of the deceased will be distributed based on his wishes. Wills; therefore, prevent family disputes arising during the distribution of property. Here is a look at how to write a will in Kenya.
For anyone to write a will in Kenya, they must satisfy five conditions: the testator’s name and their wishes, the gifts, an executor, execution, and attestation.
The Testator’s Name
The testator is the one making the will. As the testator, you need to make a declaration that that is your last will. This is because the latest will usually invalidate the previous declaration. However, an oral will does not invalidate a written will.
Any property that is subject to a will is called a gift. When writing a will, you should name the gift and the person who is to receive the gift. In this part of the will, you should include conditions that need to be met by the one receiving the gift. You cannot assign gifts that you do not own.
An executor is the one named by a will. The executor is the person in charge of distributing the deceased’s assets. When a testator fails to name an executor, anyone who wishes to administer the deceased’s estates should make an application in court for them to be considered administrators.
A will should be signed by the testator or any other person under the direction and in the presence of the testator. For the will to be valid, the signature of the testator or the person signing on his behalf must appear intentional.
A will needs to be signed by competent witnesses. Two or more persons must bear witness to the signing of the will by the testator or the one assigned to sign on their behalf. The witnesses must also, in the presence of the testator, sign the will.
Sample of a Will
You can download sample of death will to help you get started with writing one from muthurwa.com/samples
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