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Sample Will Document
Table of Contents
Introduction
Will Requirements
Sample Will Document
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
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