Written Wills · 18 July 2026

Written Wills as an Estate Planning Tool in Kenya

What makes a Will valid under the Law of Succession Act, who needs to be involved, when it should be reviewed, and where the original should be kept.

A Written Will is a legal document through which a person, known as the testator, states how their property should be managed and distributed after death. It appoints executors to administer the estate and guardians for minor children.

Under the Law of Succession Act, a Written Will must be properly signed and witnessed to be legally valid.

Key Persons Involved in a Will

Testator

The testator is the person making the Will. The testator determines how their property should be distributed, appoints executors and may appoint guardians for minor children.

The testator must be an adult of sound mind and must make the Will voluntarily, without coercion or undue influence.

Executors

Executors are the persons appointed to administer the estate after the testator’s death. Their responsibilities include identifying and safeguarding the estate assets, settling liabilities and distributing the remaining property to the beneficiaries in accordance with the Will.

The proposed executors should be informed of their appointment and advised where the original Will is kept.

Beneficiaries

Beneficiaries are the persons or organisations selected to inherit from the estate. They may include family members, friends, charitable organisations or other persons chosen by the testator.

The testator should, however, make reasonable provision for their dependants. A dependant who is excluded or inadequately provided for may apply to the court for reasonable provision from the estate.

Guardians

A testator with minor children may appoint guardians to assume responsibility for their care and welfare upon the testator’s death. The proposed guardians should be consulted before being appointed.

Witnesses

A Written Will must be witnessed by at least two competent witnesses. Each witness must either see the testator sign the Will or receive a personal acknowledgement of the testator’s signature and must sign the Will in the testator’s presence.

A beneficiary should not witness the Will. Although this does not automatically invalidate the entire Will, the gift made to that beneficiary may become void unless the Will is witnessed by at least two additional competent and independent witnesses.

Advantages

Generally affordable and straightforward to prepare.
May be amended or revoked during the testator’s lifetime.
Allows the testator to select their beneficiaries, executors and guardians.
Enables the testator to determine how specific assets should be distributed.
Reduces uncertainty and disputes concerning the deceased’s intentions.
Prevents the entire estate from being distributed solely under the rules of intestacy.

Disadvantages

The estate must still undergo the court probate and administration process.
A Will may be challenged on grounds such as lack of mental capacity, undue influence, fraud, forgery or improper execution.
A Will may also be challenged where it excludes or fails to make adequate provision for the testator’s dependants.
It only takes effect upon death and does not assist with lifetime incapacity or asset management.
An outdated Will may no longer reflect the testator’s family circumstances, assets or intentions.

How Long Does It Take to Prepare a Will?

There is no statutory waiting period for preparing a Will. Once the testator has provided clear instructions and the necessary information, a Will can be prepared, reviewed and executed promptly.

The timeframe depends on the complexity of the estate and how quickly the testator reviews the draft. We are available to ensure that the Will accurately reflects the testator’s wishes, satisfies the legal formalities and is legally effective.

A Written Will in Kenya need not be registered or notarised; it must only comply with the formal requirements prescribed under the Law of Succession Act.

Reviewing and Revoking a Will

A Will should be reviewed at least once every two years and whenever a significant life event occurs, including:

Marriage, separation or divorce;
The birth or adoption of a child;
The death of an executor, guardian or beneficiary;
The acquisition or disposal of a significant asset;
A major change in family or financial circumstances; or
Relocation to another country.

Under Kenyan law, marriage generally revokes an existing Will unless the Will was expressly made in contemplation of marriage to a specified person. It is therefore essential to prepare or update your Will when getting married.

A Will may also be revoked by:

Preparing a new Will or codicil that expressly revokes the earlier Will; or
Burning, tearing or otherwise destroying the Will with the deliberate intention of revoking it.

Handwritten amendments, cancellations or additions made after execution may be ineffective unless they are signed and witnessed in the same manner required for a Written Will. In our opinion, it is generally safer to prepare a new Will.

Where Should the Original Will Be Kept?

The original signed Will should be stored securely and remain readily accessible after the testator’s death. It may be kept:

In secure custody with Africa Legacy Fiduciary or the testator’s advocate;
In a bank safe-deposit box, provided arrangements are made for the executors to access it without unnecessary delay; or
In a secure and fireproof location at the testator’s home.

A testator may keep the original Will personally, but this is generally not advisable because it may be lost, damaged, destroyed, altered or concealed.

The executors should be informed of the identity of the person or institution holding the original Will and how it may be accessed. They do not necessarily need to know the contents of the Will during the testator’s lifetime.

Prepare Your Will Today

Do not leave the distribution of your estate to uncertainty. Email us at info@africalegacyfiduciary.com for assistance in preparing, reviewing, executing or securely storing your Will.

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