How to Write a Valid Will in Kenya (and Why Every Adult Needs One)

Most Kenyans die without a will. The result is often years of family disputes, frozen bank accounts and land that nobody can use. A properly prepared will is one of the most loving things you can do for your family. This guide explains how to write a will in Kenya that is valid and difficult to challenge.

Who can make a will?

Under the Law of Succession Act, any person who is 18 years or older and of sound mind can make a will. The will must be made freely — not as a result of fraud, coercion or undue influence.

Legal requirements for a valid written will

For a written will to be valid in Kenya it must:

• Be in writing
• Be signed by the testator (the person making the will), or by someone else in their presence and at their direction
• Be attested by at least two competent witnesses, each of whom saw the testator sign (or acknowledge the signature)

Crucially, a beneficiary or the spouse of a beneficiary should never act as a witness. The law makes a gift to an attesting witness void — so the witness would lose their inheritance.

What about oral wills?

Kenyan law recognises oral wills in limited circumstances — they must be made before two competent witnesses and the testator must die within three months of making it. Because oral wills are easily disputed, we strongly recommend a written will.

What to include in your will

• Your full details and a statement revoking any previous wills
• Executors — trusted people who will apply for probate and administer your estate
• A full list of assets — land (with parcel numbers), houses, vehicles, bank and SACCO accounts, shares, pension and insurance
• Clear gifts — who receives what, including what happens if a beneficiary dies before you
• Guardians for minor children
• Funeral wishes, if you wish

Provide reasonably for your dependants

You are free to distribute your property as you wish, but the law allows dependants — spouses, children and certain relatives you maintained — to apply to court for reasonable provision if the will leaves them out without good reason. Explaining your decisions and providing fairly for dependants makes your will far harder to challenge.

Common mistakes that invalidate wills

• Using beneficiaries as witnesses
• Vague descriptions such as "my land in Kiambu" instead of parcel numbers
• Handwritten changes after signing, without proper execution
• Failing to update the will after marriage, divorce, births or selling property
• Keeping the only copy where nobody can find it

Where should you keep your will?

Keep the original in a safe place and tell your executors where it is. Many clients choose to lodge their will with their advocate for safe custody, so that it is available when needed.

Choosing your executors

Your executors will apply for probate, collect your assets, pay your debts and distribute your estate. Choose people who are trustworthy, organised and likely to outlive you. It is wise to appoint two executors, or an executor and a professional such as your advocate, so that the estate can still be administered if one is unable to act. Always ask your executors before naming them.

Changing or revoking your will

You can change your will at any time while you have capacity. Minor changes can be made by a codicil — a short document signed and witnessed with the same formalities as a will. For major changes, it is usually cleaner to make a new will that expressly revokes the old one. Tearing up or destroying a will with the intention of revoking it also revokes it, but this can create uncertainty, so do it with advice.

Assets that may not pass under your will

Some assets are governed by their own rules and should be planned for separately:

• Jointly owned property held as joint tenants passes automatically to the surviving co-owner
• Pension and retirement benefits are usually paid according to the scheme's nomination forms and trustees' discretion
• Life insurance is paid to the named beneficiary
• SACCO deposits may be subject to the nominee arrangements in the SACCO's by-laws

Keep these nominations up to date and consistent with your will.

Beyond the will: trusts and lifetime gifts

For larger estates, family businesses or where there are young children, a will can be combined with a family trust or carefully documented lifetime gifts. These tools can reduce the need for court processes, keep assets together and protect vulnerable beneficiaries.

When should you review your will?

• After marriage, separation or divorce
• When a child or grandchild is born
• After buying or selling land or a business
• If an executor or beneficiary dies or falls out with the family
• At least every three to five years, even if nothing has changed

A note for Muslim families

The Law of Succession Act provides that the estates of Muslims are generally governed by Islamic law, and Kadhis' Courts have jurisdiction over matters of personal status, marriage, divorce and inheritance where all parties profess the Muslim religion. Muslim clients can still document their wishes, appoint trusted people to administer their affairs and organise lifetime gifts — but these must be structured in line with the applicable rules. We can guide you on the right approach.

Wills and estate planning with us

If you are wondering how to write a will in Kenya without costly mistakes, our wills and succession lawyers draft clear, enforceable wills and estate plans, and keep them safely for you. If a loved one has already passed away without a will, read our guide to getting letters of administration. Talk to us today — it takes less time than you think.