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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)

  • How to Write a Will in Kenya and Sample - Kenyayote

  • Writing A Will In Kenya - The Comprehensive Guide 2024 - Kraido Advocates

  • How to Write a Valid Will in Kenya - Koya & Company


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

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