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M-Wakili's Sample Will Document
Table of Contents
Introduction
Will Requirements
Sample Will Document
Introduction
This document is a sample will document that can be used as a guide when drafting your own will. It is important to note that this is just a sample and may not be suitable for all situations. It is highly recommended that you consult with a lawyer to ensure that your will is valid and meets your specific needs.
Will Requirements
In Kenya, a will must meet the following requirements to be valid:
The testator must be of sound mind. This means that the testator must be able to understand the nature of their property and the consequences of making a will.
The testator must be 18 years of age or older.
The will must be in writing.
The will must be signed by the testator in the presence of at least two witnesses.
The witnesses must be of sound mind and must sign the will in the presence of the testator and each other.
Sample Will Document
LAST WILL AND TESTAMENT OF [Your Full Name]
I, [Your Full Name], of [Your Address], being of sound mind and body, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all prior 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
I give, devise and bequeath all of my property, both real and personal, to the following beneficiaries:
[Beneficiary 1 Full Name], of [Beneficiary 1 Address], shall receive [Percentage or Description of Property].
[Beneficiary 2 Full Name], of [Beneficiary 2 Address], shall receive [Percentage or Description of Property].
[Beneficiary 3 Full Name], of [Beneficiary 3 Address], shall receive [Percentage or Description of Property].
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 children.
4. Payment of Debts and Expenses
I direct that my Executor shall pay all of my just debts and funeral expenses out of my estate.
5. Residuary Clause
All of my property not specifically disposed of in this Will shall be distributed to my beneficiaries in the proportions set forth in Section 2 of this Will.
6. Attestation Clause
We, the undersigned, being of sound mind and body, do hereby attest that [Your Full Name] signed this Will in our presence, and that we, in his presence and in the presence of each other, have signed our names as witnesses hereto.
[Your Full Name]
[Witness 1 Full Name]
[Witness 1 Address]
[Witness 2 Full Name]
[Witness 2 Address]
[Date]
[Country]
Sources:
Case Laws:
Mukhamari v Mukhongo & another (Civil Appeal 58 of 2020) [2022] KEHC 12085 (KLR): This case dealt with the validity of a will and the court's role in determining its authenticity. The court emphasized the importance of following the legal requirements for making a valid will, including the need for proper attestation and the testator's mental capacity.
Mohamed Okashi Mohamed v Ethics and Anti-Corruption Commission, Ali Ibrahim Roba, Governor County Government of Mandera & County Government Mandera (Anti Corruption and Economic Crimes Petition E004 of 2020): This case involved a challenge to the validity of a will based on allegations of undue influence and fraud. The court examined the evidence presented and ultimately ruled on the validity of the will, highlighting the importance of proving undue influence or fraud in such cases.
Conclusion:
This sample will document provides a basic framework for drafting a will in Kenya. However, it is crucial to remember that every individual's circumstances are unique, and a will should be tailored to meet their specific needs. Consulting with a lawyer is highly recommended to ensure that your will is valid, legally sound, and reflects your wishes accurately.
Answered by mwakili.com