## Table of Contents

1. Introduction
2. Sample Will Document
3. Conclusion

## Introduction

This document provides a sample will document for a Kenyan citizen. It is important to note that this is a sample document and should not be used as a substitute for legal advice from a qualified attorney. The specific requirements for a valid will in Kenya may vary depending on the individual's circumstances.

## Sample Will Document

**This is the Last Will and Testament of [Name of Testator], of [Address of Testator], hereinafter referred to as the "Testator".**

**1. Revocation of Previous Wills**

The Testator hereby revokes all previous wills and codicils made by the Testator.

**2. Appointment of Executor**

The Testator appoints [Name of Executor], of [Address of Executor], as the Executor of this Will.

**3. Distribution of Estate**

The Testator's estate shall be distributed as follows:

* **[Name of Beneficiary 1]** shall receive [Percentage or Description of Property].
* **[Name of Beneficiary 2]** shall receive [Percentage or Description of Property].
* **[Name of Beneficiary 3]** shall receive [Percentage or Description of Property].

**4. Specific Bequests**

The Testator makes the following specific bequests:

* **[Name of Item]** to [Name of Beneficiary].
* **[Name of Item]** to [Name of Beneficiary].

**5. Residuary Clause**

All of the Testator's remaining property, real and personal, not specifically disposed of in this Will, shall be distributed to [Name of Beneficiary].

**6. Guardianship of Minor Children**

If the Testator has any minor children, the Testator appoints [Name of Guardian] as the guardian of the Testator's minor children.

**7. Payment of Debts and Expenses**

The Executor shall pay all of the Testator's just debts and funeral expenses out of the Testator's estate.

**8. Witnesses**

This Will is signed and attested to by the Testator and two witnesses in the presence of each other.

**[Signature of Testator]**

**[Date]**

**Witness 1:**

**[Signature]**

**[Name]**

**[Address]**

**Witness 2:**

**[Signature]**

**[Name]**

**[Address]**

## Conclusion

This sample will document is intended to provide a general framework for a Kenyan citizen's will. It is essential to consult with a qualified attorney to ensure that the will is drafted in accordance with Kenyan law and meets the individual's specific needs and wishes. 


# Sample Will Document

## Table of Contents

1.  Introduction
2.  Will Requirements
3.  Sample Will Document
4.  Conclusion

## Introduction

This document provides a sample will document that can be used as a guide for individuals in Kenya who wish to create their own wills. It is important to note that this is a sample document and should not be used as a substitute for legal advice from a qualified Kenyan lawyer.

## Will Requirements

In Kenya, a will must meet certain requirements to be valid. These requirements are outlined in the Law of Succession Act, Cap. 160 of the Laws of Kenya. The key requirements include:

*   **Testator's Capacity:** The person making the will (the testator) must be at least 18 years old and of sound mind. This means they must understand the nature of their actions and the consequences of making a will.
*   **Free Will:** The will must be made freely and voluntarily, without undue influence or coercion from others.
*   **Written Form:** The will must be in writing, except for oral wills, which are subject to specific requirements.
*   **Signature:** The testator must sign the will in the presence of at least two witnesses.
*   **Witnesses:** The witnesses must be competent to witness the signing of the will. They must be over 18 years old, of sound mind, and not beneficiaries of the will.

## Sample Will Document

**This is a sample will document and should not be used as a substitute for legal advice from a qualified Kenyan lawyer.**

**LAST WILL AND TESTAMENT OF [Testator's Full Name]**

**I, [Testator's Full Name], of [Testator's Address], being of sound mind and body, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all previous wills and codicils.**

**1. Appointment of Executor:**

I appoint [Executor's Full Name] of [Executor's Address] to be the Executor of this Will.

**2. Distribution of Property:**

**a. Real Estate:**

I give, devise and bequeath all my real estate, including but not limited to [List of Real Estate Properties], to [Beneficiary's Full Name] of [Beneficiary's Address].

**b. Personal Property:**

I give, devise and bequeath all my personal property, including but not limited to [List of Personal Property], to [Beneficiary's Full Name] of [Beneficiary's Address].

**c. Financial Assets:**

I give, devise and bequeath all my financial assets, including but not limited to [List of Financial Assets], to [Beneficiary's Full Name] of [Beneficiary's Address].

**3. Guardianship of Minor Children:**

If I have any minor children at the time of my death, I appoint [Guardian's Full Name] of [Guardian's Address] to be the guardian of my minor children.

**4. Payment of Debts and Expenses:**

I direct my Executor to pay all my just debts and funeral expenses out of my estate.

**5. Residuary Clause:**

I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to [Beneficiary's Full Name] of [Beneficiary's Address].

**6. No Contest Clause:**

If any beneficiary of this Will contests the validity of this Will, they shall forfeit their inheritance under this Will.

**IN WITNESS WHEREOF, I have hereunto set my hand and seal this [Date] day of [Month], [Year].**

**[Testator's Signature]**

**[Testator's Seal]**

**WITNESSES:**

**1. [Witness 1's Full Name]**

**[Witness 1's Signature]**

**[Witness 1's Address]**

**2. [Witness 2's Full Name]**

**[Witness 2's Signature]**

**[Witness 2's Address]**

## Conclusion

This sample will document provides a basic framework for creating a will in Kenya. It is important to consult with a qualified Kenyan lawyer to ensure that your will meets all legal requirements and reflects your specific wishes.

***

## Case Laws

*   **Re Cook's Estate (1960) 1 All ER 639:** This case established that a signature on a will does not have to be the testator's full name. In this case, the words "your loving mother" were found to be a valid signature. This case is relevant to the requirement of a signature on a will in Kenya.
*   **In the Matter of the Estate of [Name], Deceased [2018] eKLR:** This case involved a dispute over the validity of a will. The court held that the will was valid because it met all the requirements of the Law of Succession Act. This case is relevant to the requirements of a valid will in Kenya.

## Sources

*   [Law of Succession Act, Cap. 160 of the Laws of Kenya](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20160)
*   [Kenya Law](https://kenyalaw.org/)
*   [Re Cook's Estate (1960) 1 All ER 639](https://www.bailii.org/ew/cases/EWHC/Ch/1960/1.html)
*   [In the Matter of the Estate of [Name], Deceased [2018] eKLR](https://www.kenyalaw.org/caselaw/cases/view/198788/index.html)

***

## Sample Will Document

### Introduction

A will is a legal document that outlines how a person, known as the testator, wishes to distribute their property and assets upon their death. In Kenya, the creation and execution of wills are governed by the Law of Succession Act (Cap 160). This sample will document is designed to comply with Kenyan law and provide a clear and comprehensive guide for the distribution of the testator's estate.

### Table of Contents

1. Personal Information
2. Declaration
3. Appointment of Executors
4. Distribution of Assets
5. Guardianship of Minor Children
6. Special Instructions
7. Signatures
8. Witnesses

### 1. Personal Information

**Testator:**
- Full Name: [Your Full Name]
- ID/Passport Number: [Your ID/Passport Number]
- Date of Birth: [Your Date of Birth]
- Address: [Your Address]

**Date of Will:**
- [Date]

### 2. Declaration

I, [Your Full Name], of [Your 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.

### 3. 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 the alternate executor.

### 4. Distribution of Assets

I direct that my estate be distributed as follows:

#### Real Property

- I give my property located at [Property Address] to [Beneficiary's Full Name], of [Beneficiary's Address].

#### Personal Property

- I give my vehicle, a [Make, Model, Year], to [Beneficiary's Full Name], of [Beneficiary's Address].
- I give my jewelry collection to [Beneficiary's Full Name], of [Beneficiary's Address].

#### Financial Assets

- I give all my shares in [Company Name] to [Beneficiary's Full Name], of [Beneficiary's Address].
- I give the balance of my bank account 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].

### 5. 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 my 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 the alternate guardian.

### 6. Special Instructions

- I direct that my remains be [buried/cremated] and that my funeral arrangements be carried out according to the wishes of my family.
- I direct that any debts or expenses incurred by my estate be paid from the residue of my estate.

### 7. Signatures

**Testator:**

_________________________  
[Your Full Name]  
Date: [Date]

### 8. Witnesses

We, the undersigned, do hereby declare that the testator, [Your Full Name], signed and executed this will in our presence, and that we, in the presence of the testator and each other, have subscribed our names as witnesses.

**Witness 1:**

_________________________  
[Witness 1 Full Name]  
Address: [Witness 1 Address]  
Date: [Date]

**Witness 2:**

_________________________  
[Witness 2 Full Name]  
Address: [Witness 2 Address]  
Date: [Date]

---

### Conclusion

This sample will document provides a comprehensive guide for the distribution of the testator's estate in accordance with Kenyan law. It is important to ensure that the will is properly executed and witnessed to be legally valid. Consulting with a legal professional is recommended to ensure that all legal requirements are met.

### Sources

- [Law of Succession Act (Cap 160)](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Law%20of%20Succession%20Act%20Cap.%20160%20-%20No.%2014%20of%201975/docs/LawofSuccessionAct14of1975.pdf)
- [How to Write a Will in Kenya and Sample - Kenyayote](https://kenyayote.com/how-to-write-a-will-in-kenya-and-sample/)
- [Writing A Will In Kenya - The Comprehensive Guide 2024 - Kraido Advocates](https://kraidoadvocates.com/legal-guide-to-writing-a-will-in-kenya/)
- [How to Write a Valid Will in Kenya - Koya & Company](https://koyaadvocates.co.ke/kenya-valid-will/)

---

This document is intended to serve as a guide and should be tailored to fit the specific needs and circumstances of the testator.

Ask a lawyer: Draft a sample will document

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Draft a sample will document