Preparing a Will: Start Today

Preparing a will in Kenya

June 05, 2025 Machoka Law Advocates Estate Planning

A will protects your family and your wishes

A well-prepared will reduces confusion, conflict and delays. It lets you decide who receives what, who manages the process, and how dependants are supported.

1) List your assets (and keep it updated)

Start with a simple list: land, houses, vehicles, bank accounts, shares, business interests, insurance, and personal items. You don’t need to publish values, but clarity on ownership is important.

2) Choose the right executor

Executors manage the estate: collecting assets, paying liabilities, and distributing to beneficiaries. Choose someone responsible and organised (you can also appoint an alternate).

3) Be clear about beneficiaries

  • Use full names (and ID details where possible).
  • Be specific for land and major assets (plot/LR numbers).
  • Provide contingency instructions (what happens if a beneficiary predeceases you).

4) Consider dependants and guardianship

If you have minor children, guardianship instructions are critical. Also consider how dependants will be supported (and whether a trust arrangement is needed for certain assets).

5) Signing and witnessing (do it correctly)

A will should be executed correctly to avoid disputes. Use witnesses who are independent and can attest to capacity and signing. Avoid using beneficiaries as witnesses.

6) Store it safely and tell someone where it is

Keep the original in a safe place. Ensure the executor (or a trusted person) knows where to find it. A lost or inaccessible will can create delays and conflict.

7) Review after major life events

Review your will after marriage, divorce, the birth of children, asset purchases, business changes, or relocation. Small updates now prevent big problems later.

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