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Sample Will Document

LAST WILL AND TESTAMENT

[Your Full Name]

I, [Your Full Name], of [Your Address], being of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking all former wills and codicils made by me.

1. Declaration

I declare that I am of legal age to make this Will and that I am under no constraint or undue influence.

2. Family Information

I am married to [Spouse's Full Name], and all references in this Will to my [wife/husband] are to [him/her]. I have [number] children, namely:

[Child 1 Full Name]
[Child 2 Full Name]
[Child 3 Full Name]

3. Appointment of Executor

I appoint [Executor's Full Name], of [Executor's Address], to be the Executor of this Will. If [he/she] is unable or unwilling to serve, I appoint [Alternate Executor's Full Name], of [Alternate Executor's Address], as alternate Executor.

4. Distribution of Assets

4.1 Specific Bequests

I give and bequeath the following:

To my [relationship], [Beneficiary 1 Full Name], of [Beneficiary 1 Address], I give [specific asset or amount].
To my [relationship], [Beneficiary 2 Full Name], of [Beneficiary 2 Address], I give [specific asset or amount].

4.2 Residual Estate

I give the residue of my estate, both real and personal, to my [wife/husband], [Spouse's Full Name]. If [he/she] does not survive me, I give the residue of my estate to my children, [Child 1 Full Name], [Child 2 Full Name], and [Child 3 Full Name], in equal shares.

5. Guardianship

If my [wife/husband] does not survive me, I appoint [Guardian's Full Name], of [Guardian's Address], as guardian of my minor children.

6. Powers of the Executor

I grant my Executor the following powers, to be exercised in [his/her] discretion, without the approval of any court:

To sell, lease, or mortgage any real or personal property.
To settle any claims for or against my estate.
To invest and reinvest the estate assets.

7. Funeral Arrangements

I request that my body be [buried/cremated] and that my funeral be conducted in accordance with the rites of [religion or personal preference].

8. Miscellaneous Provisions

If any provision of this Will is deemed invalid, the remaining provisions shall remain in full force and effect.
This Will shall be governed by the laws of Kenya.

9. Signatures

IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month], [year].

[Your Full Name]

10. Witnesses

We, the undersigned, hereby certify that the above-named Testator, [Your Full Name], signed and declared this instrument as [his/her] Last Will and Testament in our presence, and we, at [his/her] request and in [his/her] presence and in the presence of each other, have subscribed our names as witnesses on the date above written.

Witness 1:

Name: [Witness 1 Full Name]
Address: [Witness 1 Address]
Signature: ___________________________

Witness 2:

Name: [Witness 2 Full Name]
Address: [Witness 2 Address]
Signature: ___________________________

Witness 3:

Name: [Witness 3 Full Name]
Address: [Witness 3 Address]
Signature: ___________________________

11. Affidavit of Execution

We, [Witness 1 Full Name], [Witness 2 Full Name], and [Witness 3 Full Name], the witnesses, whose names are signed to the attached Will, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as [his/her] Last Will and Testament and that [he/she] signed willingly, and that each of us, in the presence and hearing of the Testator, signed the Will as witness and that to the best of our knowledge the Testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.

Witness 1:

Name: [Witness 1 Full Name]
Signature: ___________________________

Witness 2:

Name: [Witness 2 Full Name]
Signature: ___________________________

Witness 3:

Name: [Witness 3 Full Name]
Signature: ___________________________

Subscribed and sworn to before me by [Witness 1 Full Name], [Witness 2 Full Name], and [Witness 3 Full Name], this [day] day of [month], [year].

Notary Public:

Name: [Notary Public Full Name]
Signature: ___________________________

My Commission Expires: [Date]

Conclusion

This sample will document provides a comprehensive template for drafting a Last Will and Testament in Kenya. It is essential to ensure that the will is properly executed and witnessed to be legally valid. Consulting with a legal professional is advisable to address any specific concerns or unique circumstances.

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