What this document covers
Testator's full name and ID details
Revocation of all prior Wills
Appointment of executor(s)
Specific bequests (named items to named beneficiaries)
Residual estate distribution
Guardianship of minor children if applicable
Funeral wishes (optional)
Signatures of testator and two witnesses
Governing law (Law of Succession Act Cap. 160)
Frequently Asked Questions
What are the requirements for a valid Will in Kenya?
Under the Law of Succession Act (Cap. 160), a valid Will must be: in writing, signed by the testator (or by another in their presence and direction), and witnessed by at least two witnesses who are present at the same time and who sign in the testator's presence. Witnesses and their spouses cannot benefit under the Will they witness.
Does Kenyan law limit what you can leave in your Will?
Yes. The Law of Succession Act imposes 'dependent's relief' — a spouse, children (including adult children who are dependants), and certain other dependants have a legal entitlement to reasonable provision from the estate regardless of what the Will says. A Will that entirely disinherits dependants can be challenged in court.
Is a Will made in Kenya valid internationally?
A Kenyan Will governs assets in Kenya. For assets held in other countries, a separate Will or codicil may be needed in that jurisdiction. The Hague Convention on the Law Applicable to Succession can assist in determining which country's law applies to an international estate.
What happens if I die without a Will in Kenya?
Dying intestate (without a Will) means your estate is distributed under the Law of Succession Act (Cap. 160) intestacy rules. For a married person, the spouse and children share the estate. The distribution formula may not match your wishes — for example, a spouse does not automatically inherit everything. A Will gives you control over your legacy.
Can I disinherit my children in my Kenyan Will?
Not entirely. The Law of Succession Act (Cap. 160) gives 'dependants' — including minor children and adult children who depend on you financially — a right to apply to court for reasonable provision from your estate, regardless of what your Will says. You can restrict their share but cannot completely cut them out if they were dependent on you.
What is a grant of probate in Kenya?
A grant of probate is a court order confirming that a Will is valid and authorising the executor to administer the estate. In Kenya, probate applications are filed at the High Court or, for smaller estates, through simplified procedures at the Resident Magistrate's Court. The process typically takes 3–12 months.
Is a Will made in Kenya valid internationally?
A Kenyan Will governs assets located in Kenya. For assets in other countries — UK property, foreign bank accounts, international investments — a separate Will or codicil in that jurisdiction is advisable. Kenya is a signatory to the Hague Convention, which assists in recognising foreign Wills for Kenyan assets.