A legally recognized will ensures that your property in Kenya is distributed according to your wishes. Without one, the law applies default succession rules, which may not align with your intentions.
When no will is present, family members may face lengthy court proceedings, administrative costs, or even loss of the property to unintended heirs. A will drafted under Kenyan law reduces conflict, delays, and the risk of fraud. This is especially important for diaspora Kenyans whose dependents or co-owners may not be in the country.
A properly drafted will can also name guardians for minors, set aside funds for maintenance, and direct specific gifts to friends, relatives, or charitable organizations. It can be revised over time as your property portfolio changes.
At BMA Advocates, we prepare secure wills, ensure legal compliance, and can act as executors or custodians of your testamentary documents. We also assist with registration and safekeeping, ensuring your final wishes are honored.
FAQs with Proper Legal Answers
Why is a Kenyan will important if I already have one abroad?
Foreign wills may not align with Kenyan succession law. A will drafted under the Law of Succession Act (Cap. 160) ensures validity in Kenya.
What assets should be covered in the will?
Land, buildings, shares, bank accounts, vehicles, and intellectual property based in Kenya.
Can I appoint an executor who lives abroad?
Yes, but a Kenya-based co-executor or legal representative is advised for practical execution.
Is a handwritten will legally valid in Kenya?
Yes, if it’s signed by the testator and two independent adult witnesses not named as beneficiaries.
Can my spouse or children contest my will?
Yes, under the Law of Succession Act, dependents can challenge a will if they feel unfairly excluded.
What happens if I die without a will?
Intestate succession laws apply, often splitting assets between spouse and children, which may not reflect your wishes.
Should I deposit my will with a lawyer?
Yes. Secure storage with a law firm or the High Court ensures it is not lost or tampered with.
Can I change my will later?
Yes, through a codicil or a full rewrite. Changes must follow the same witnessing rules.
What if I co-own land with someone?
Specify in your will whether it’s held as joint tenants (automatically passes to survivor) or tenants in common (can be inherited).
Does a foreign-based Kenyan will need to be probated in Kenya?
Yes, for assets within Kenya, local probate is required even if there’s a foreign will.
This article is for general informational purposes only and does not constitute legal advice. For tailored assistance, please consult BMA Advocates directly.
