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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. Below is a sample will document that adheres to the provisions of the Law of Succession Act.

Title and Declaration
Revocation Clause
Appointment of Executors
Specific Bequests
Residuary Estate
Guardianship of Minor Children
Funeral Arrangements
Attestation Clause
Signatures and Witnesses

1. Title and Declaration

Last Will and Testament of [Full Name]

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.

2. Revocation Clause

I hereby revoke any and all wills and codicils heretofore made by me, and declare this to be my Last Will and Testament.

3. Appointment of Executors

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

4. Specific Bequests

I give and bequeath the following:

To my spouse, [Spouse's Full Name], I leave my house located at [House Address].
To my son, [Son's Full Name], I leave my car, make and model [Car Details].
To my daughter, [Daughter's Full Name], I leave my jewelry collection.
To my friend, [Friend's Full Name], I leave my library of books.

5. Residuary Estate

I give, devise, and bequeath all the rest, residue, and remainder of my estate, both real and personal, of whatsoever kind and wheresoever situated, to my spouse, [Spouse's Full Name]. If my spouse does not survive me, I give, devise, and bequeath my residuary estate to my children, [Children's Full Names], in equal shares.

6. 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 be the guardian of such minor children.

7. Funeral Arrangements

I request that my body be [buried/cremated] and that my funeral be conducted in accordance with the customs and traditions of my faith. I request that my funeral expenses be paid out of my estate.

8. Attestation Clause

In witness whereof, I have hereunto set my hand this [Day] day of [Month], [Year].

9. Signatures and Witnesses

Testator:

[Full Name]
Testator

Witnesses:

We, the undersigned, do hereby certify that the above-named Testator, [Full Name], signed and declared this instrument to be his/her Last Will and Testament in our presence, and we, at his/her request and in his/her 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]

[Witness 3 Full Name]
[Witness 3 Address]

Conclusion

This sample will document is designed to comply with the requirements set forth in the Law of Succession Act (Cap 160) of Kenya. It is essential to ensure that the will is properly executed, with the testator signing in the presence of at least two witnesses who are not beneficiaries under the will. This will help to ensure that the will is valid and enforceable.