Many people postpone writing a will because they believe estate planning is only necessary for the wealthy or elderly. In reality, a will can help adults plan how their property should be dealt with after death and communicate their wishes clearly.
In Kenya, succession matters are governed by the applicable succession laws, including the Law of Succession Act where applicable.
What is a will?
A will is a legal document through which a person sets out instructions concerning the distribution of their estate after death. Depending on the circumstances, it may also include provisions concerning guardianship for minor children, subject to applicable law and the court’s powers.
Why consider making a will?
Clarity for your family: A properly prepared will can help communicate your intentions and reduce uncertainty about how your estate should be distributed.
Planning for dependants: Estate planning allows you to consider the needs of children, spouses and other people who may depend on you.
Reduced risk of disputes: Clear instructions may help prevent disagreements, although a will does not guarantee that disputes will never arise.
Better organisation of assets: Preparing a will encourages you to identify property, financial interests, liabilities and important documents.
What makes a will legally effective?
The applicable legal requirements concerning capacity, execution, witnesses and the form of the will must be satisfied. A will should also be reviewed when significant life events occur, such as marriage, separation, the birth of a child or a major change in assets.
Succession law can be particularly complex where property is jointly owned, dependants may have competing claims, or the estate includes assets in different jurisdictions.
Plan ahead with professional guidance
Estate planning is not merely about distributing property. It is about providing clarity and reducing avoidable uncertainty for the people you leave behind.
Contact Asembo and Company Advocates for guidance on wills, estate planning and succession matters in Kenya.
