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Sample Will Document

LAST WILL AND TESTAMENT

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. Appointment of Executor

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 serve, I appoint [Alternate Executor's Full Name], of [Alternate Executor's Address], as alternate Executor.

3. Payment of Debts and Expenses

I direct that all my just debts, funeral expenses, and expenses of last illness be first paid out of my estate.

4. Specific Bequests

I give and bequeath the following:

To [Beneficiary 1 Full Name], of [Beneficiary 1 Address], I give [Description of Item or Amount of Money].
To [Beneficiary 2 Full Name], of [Beneficiary 2 Address], I give [Description of Item or Amount of Money].

5. Residual Estate

I give the residue of my estate, both real and personal, to my [Relationship], [Residual Beneficiary's Full Name], of [Residual Beneficiary's Address]. If [Residual Beneficiary's Full Name] does not survive me, I give the residue of my estate to [Alternate Residual Beneficiary's Full Name], of [Alternate Residual Beneficiary's Address].

6. Guardianship

If my spouse does not survive me, I appoint [Guardian's Full Name], of [Guardian's Address], as guardian of my minor children. If [Guardian's Full Name] is unable or unwilling to serve, I appoint [Alternate Guardian's Full Name], of [Alternate Guardian's Address], as alternate guardian.

7. Powers of the Executor

I grant my Executor the following powers, to be exercised in their discretion, without court approval:

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 in any manner permitted by law.

8. No Contest Provision

If any beneficiary under this Will contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of as if that contesting beneficiary had predeceased me.

9. Governing Law

This Will shall be governed by and construed in accordance with the laws of the Republic of Kenya.

10. Testimonium

In witness whereof, I, [Your Full Name], have to this my Last Will and Testament, consisting of [Number of Pages] pages, set my hand and seal this [Day] day of [Month], [Year].

Signature

[Your Full Name], Testator

Witnesses

The foregoing instrument was signed, published, and declared by [Your Full Name], the Testator, as and for 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 Full Name]
[Witness 1 Address]
[Witness 2 Full Name]
[Witness 2 Address]

Sources

Relevant Case Laws

In Re Estate of G.K.K. (Deceased) [2013] eKLR
- Parties: The estate of G.K.K. (Deceased)
- Outcome: The court upheld the validity of the will, emphasizing the importance of testamentary capacity and the absence of undue influence.
- Relevance: This case underscores the necessity for the testator to be of sound mind and free from coercion when making a will.
In Re Estate of M’Ngarithi M’Miriti (Deceased) [2017] eKLR
- Parties: The estate of M’Ngarithi M’Miriti (Deceased)
- Outcome: The court invalidated the will due to lack of proper witnessing.
- Relevance: Highlights the critical requirement of having at least two competent witnesses for the will to be valid.
In Re Estate of John Musambayi Katumanga (Deceased) [2014] eKLR
- Parties: The estate of John Musambayi Katumanga (Deceased)
- Outcome: The court ruled in favor of the executor, affirming the executor’s powers as outlined in the will.
- Relevance: Demonstrates the legal backing for the executor’s powers as specified in the will.

This sample will document is intended to provide a comprehensive guide for drafting a will in Kenya. It is advisable to consult with a legal professional to ensure that the will complies with all legal requirements and accurately reflects your wishes.