A will is a legal document that allows an individual to specify how their assets and property should be distributed upon their death.
In Kenya, the laws governing wills are found in the Succession Act, Cap 160 of the Laws of Kenya.
In order for a will to be considered valid in Kenya, it must meet certain requirements. First, the person making the will, known as the testator, must be at least 18 years of age and of sound mind.
This means that they must be capable of understanding the nature and extent of their assets and the consequences of disposing of them.
The will must also be in writing and signed by the testator or by someone else in their presence and at their direction.
The signature must be made or acknowledged by the testator in the presence of two or more witnesses, who must also sign the will in the presence of the testator.
It is important to note that a will can be revoked or amended at any time as long as the testator is of sound mind.
A will can also be challenged in court if it is believed that the testator was not of sound mind at the time it was made, or if the will was obtained through undue influence or fraud.
In Kenya, a will can be used to distribute both movable and immovable property.
Movable property includes things like cash, personal belongings, and investments, while immovable property includes things like land, buildings, and vehicles.
The will should clearly specify how these assets are to be distributed and to whom.
The testator can also use their will to appoint an executor, who is responsible for carrying out the instructions in the will and distributing the assets to the beneficiaries.
The executor is typically a trusted family member or friend, but it can also be a professional such as a lawyer or an accountant.
It is important to note that in Kenya, the law of intestacy applies if a person dies without a valid will.
This means that the assets will be distributed according to the laws of succession, which are determined by the relationship of the deceased to the beneficiaries.
In most cases, the assets will go to the deceased's spouse and children, with the spouse typically receiving a larger share.
In conclusion, a will is an important legal document that allows an individual to control how their assets and property are distributed upon their death.
In Kenya, the laws governing wills are found in the Succession Act, Cap 160 of the Laws of Kenya.
It is important to ensure that a will is valid, which includes being of sound mind and signing the will in the presence of witnesses.
A will can also be revoked or amended at any time as long as the testator is of sound mind. It is also important to appoint an executor to carry out the instructions in the will and distribute the assets to the beneficiaries.
Failure to have a will in Kenya, assets are distributed according to the laws of intestacy.
