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Draft a sample will document

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Introduction

In Kenya, the drafting of a will is governed by the Law of Succession Act (Cap 160). A will is a legal document that sets forth how a person wishes their property to be distributed upon their death. It is essential to ensure that the will complies with the legal requirements to be valid and enforceable.

Legal Framework
- Law of Succession Act (Cap 160)
- Requirements for a Valid Will
Sample Will Document
- Title
- Declaration
- Appointment of Executors
- Distribution of Assets
- Guardianship of Minor Children
- Special Instructions
- Signatures and Witnesses
Conclusion

1. Legal Framework

Law of Succession Act (Cap 160)

The Law of Succession Act (Cap 160) is the primary legislation governing wills and the administration of estates in Kenya. Key sections relevant to the drafting of a will include:

Section 5: Testamentary Freedom
Section 7: Validity of Wills
Section 11: Formal Requirements for Wills
Section 13: Revocation of Wills
Section 14: Alteration of Wills

Requirements for a Valid Will

According to the Law of Succession Act, for a will to be valid, it must meet the following requirements:

Testamentary Capacity: The testator must be of sound mind and at least 18 years old (Section 5).
Written Form: The will must be in writing (Section 11).
Signature: The will must be signed by the testator or by another person in the testator's presence and by their direction (Section 11).
Witnesses: The will must be witnessed by at least two competent witnesses who are present at the same time and who attest and sign the will in the presence of the testator (Section 11).

2. Sample Will Document

Title

LAST WILL AND TESTAMENT OF [FULL NAME]

Declaration

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

Appointment of Executors

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

Distribution of Assets

I direct that all my debts, funeral expenses, and the expenses of administering my estate be paid as soon as practicable after my death. I give, devise, and bequeath my estate as follows:

Real Property: I give my real property located at [Property Address] to [Beneficiary's Full Name] of [Beneficiary's Address].
Personal Property: I give my personal property, including but not limited to jewelry, furniture, and vehicles, to [Beneficiary's Full Name] of [Beneficiary's Address].
Bank Accounts: I give all funds in my bank accounts at [Bank Name] to [Beneficiary's Full Name] of [Beneficiary's Address].
Residual Estate: I give the residue of my estate to [Beneficiary's Full Name] of [Beneficiary's Address]. If [Beneficiary's Full Name] predeceases me, I give the residue of my estate to [Alternate Beneficiary's Full Name] of [Alternate Beneficiary's Address].

Guardianship of Minor Children

If at the time of my death I have any minor children, I appoint [Guardian's Full Name] of [Guardian's Address] to be the guardian of such minor children. If [Guardian's Full Name] is unable or unwilling to act as guardian, I appoint [Alternate Guardian's Full Name] of [Alternate Guardian's Address] to serve as alternate guardian.

Special Instructions

I direct that my remains be [buried/cremated] and that my funeral be conducted in accordance with [specific instructions, if any].

Signatures and Witnesses

In witness whereof, I have hereunto set my hand this [day] day of [month], [year].

[Full Name], Testator

We, the undersigned, do hereby certify that the above-named Testator, [Full Name], signed and declared this instrument to be their Last Will and Testament in our presence, and we, at their request and in their presence and in the presence of each other, have hereunto subscribed our names as witnesses this [day] day of [month], [year].

[Witness 1's Full Name]
[Witness 1's Address]

[Witness 2's Full Name]
[Witness 2's Address]

3. Conclusion

Drafting a will is a crucial step in ensuring that your assets are distributed according to your wishes after your death. It is essential to comply with the legal requirements set forth in the Law of Succession Act (Cap 160) to ensure the validity of the will. The sample will document provided above serves as a template that can be customized to fit individual circumstances. It is advisable to seek legal advice when drafting a will to ensure that all legal requirements are met and that the document accurately reflects your intentions.