Why a will matters: succession in Kenya made simple

Most disputes in succession courts are not about greed. They are about uncertainty. A clear will removes a great deal of it.

Testate and intestate

The Law of Succession Act (Cap. 160) governs how a person's estate passes after death.

• If you leave a valid will, you die testate, and your wishes decide who inherits, subject to the court's power to make reasonable provision for dependants.
• If you leave no will, you die intestate, and the Act decides who inherits and in what shares, according to who survives you.

What makes a will valid

Section 11 of the Act sets out the basic formalities:

1. The will must be in writing.
2. The person making it (the testator) must sign it, or someone must sign for them in their presence and by their direction.
3. Two or more competent witnesses must see the testator sign, and each witness must also sign.

A will that misses these formalities can fail, however clear your wishes were.

Choose your executors with care

An executor collects the assets, pays debts and distributes what is left. Pick someone you trust, who is willing to serve, and who will cope with paperwork. Name a replacement in case the first cannot act.

After a death

• Where there is a will, the executor applies for a grant of probate.
• Where there is none, an administrator applies for letters of administration.

The grant gives the authority to deal with the estate. Banks and the land registry will ask for it.

Practical advice

• Keep an up-to-date list of what you own and where the documents are.
• Review the will after major life events: marriage, a child, a sale or purchase of land.
• Store the original safely and tell your executor where it is.

This article is general information about the law of succession. Speak to an advocate about your own situation.

Cover photo by Trust "Tru" Katsande on Unsplash.