How to Write a Will in Kenya

Most Kenyans die without a will. The cultural taboo around planning for death — the fear of "inviting death" by writing one — means families are left navigating intestacy laws, court disputes, and months of legal process that a simple document could have prevented. Writing a will is the single most effective thing you can do to protect your family from the chaos of an intestate estate.

Legal Requirements Under the Law of Succession Act

For a will to be legally valid in Kenya under the Law of Succession Act (Cap 160), it must meet these requirements:

Age. The testator (the person making the will) must be at least 18 years old.

Mental capacity. The testator must be of sound mind — they must understand what they own, who their dependants are, and what the will does.

Written form. The will must be in writing. Kenya does not recognize oral wills, except in extremely limited circumstances for persons on active military service.

Signed. The testator must sign the will at the bottom, or make their mark if they cannot write. If someone else signs on behalf of the testator, it must be done in the testator's presence and at their direction.

Two witnesses. The will must be signed in the presence of two witnesses who are both present at the same time. The witnesses must also sign the will. Critically, witnesses and their spouses cannot be beneficiaries under the will — any bequest to a witness is automatically void.

What to Include

A valid Kenyan will should cover:

Personal details. Full legal name, national ID number, and a statement revoking all previous wills.

Executor appointment. Name the person (or persons) who will carry out the will's instructions. Choose someone trustworthy, organized, and preferably younger than you. The executor can also be a beneficiary.

Asset schedule. List all your assets — land parcels (by title number), bank accounts, M-Pesa accounts, vehicles (by registration), business interests, investments, insurance policies, and personal property.

Distribution instructions. Specify who gets what. Be precise: "Plot LR No. 12345 in Kiambu to my daughter Jane Wanjiku Kamau" is enforceable; "my land to my children" invites disputes.

Guardian for minors. If you have children under 18, name a guardian. Without this, the court appoints one — and it may not be the person you'd choose.

Residuary clause. A catch-all provision covering any assets not specifically mentioned. Without it, unlisted assets fall into intestacy.

Common Mistakes That Invalidate a Will

Witness is also a beneficiary. If one of your two witnesses (or their spouse) is named as a beneficiary, their inheritance is void. The will itself remains valid, but they get nothing.

No witnesses present at signing. Both witnesses must physically watch you sign, and they must sign in each other's presence. Signing separately or witnessing via video call does not satisfy the law.

Failing to revoke prior wills. If you have multiple wills and the later one doesn't explicitly revoke the earlier ones, the courts must reconcile contradictions — a process that invites litigation.

Attempting to disinherit dependants. Under Section 26 of the Law of Succession Act, dependants who were being maintained by the deceased can apply to the court for reasonable provision, regardless of what the will says. You cannot completely cut off a dependent child or spouse.

Islamic Wills (Wasiya)

For Muslims, different rules apply. Under Islamic law, a Muslim can only dispose of a maximum of one-third of their net estate through a will (wasiya). The remaining two-thirds must be distributed according to the fixed Quranic fractional shares (faraid). Any wasiya that exceeds the one-third limit or attempts to alter the faraid shares without all heirs' consent is invalid under Sharia.

Muslim estates are handled through the Kadhis' Courts, not the civil court system.

Where to Keep Your Will

Store the original in a secure location — a bank safe deposit box, with your advocate, or with the Public Trustee. Tell your executor where it is. A will that cannot be found after death is treated as if it doesn't exist, and the estate falls into intestacy.

Consider registering your will with the Kenya National Archives or your advocate's firm to create a traceable record.

The Cost of Not Writing One

Without a will, your estate is distributed according to the rigid intestacy rules in Sections 35-42 of the Law of Succession Act. Your spouse gets a life interest in the matrimonial home (not outright ownership). Your children share equally regardless of their individual circumstances. Unmarried partners get nothing unless they successfully petition the court under the doctrine of presumption of marriage.

The court process for intestate estates is longer, more expensive, and more prone to family conflict than probate of a clear will.

The Guide to Succession and Inheritance in Kenya covers both testate and intestate succession, with step-by-step workflows for each path and practical guidance on avoiding the disputes that tear families apart.

Guide to Succession and Inheritance in Kenya →