A couple prepares for a wedding, and a relative mentions that the marriage will cancel the will made years earlier. The claim sounds like folklore, but it rests on the statute. For anyone marrying in Kenya with an existing will, the point deserves attention before the ceremony rather than after, because the consequences for the estate are immediate and automatic.
What does the law say about marriage and wills?
Under the Law of Succession Act, a will is revoked by the marriage of the person who made it, unless the will expresses an intention that it should survive that particular marriage. A will made in contemplation of a wedding can therefore endure, but the saving words must actually appear in the instrument; good intentions outside the document do not count. The Act can be read through Kenya Law, and couples marrying with existing wills should check the wording with the original document in hand.
What happens on separation or divorce?
Divorce is different. Kenyan law does not automatically revoke a will on the dissolution of a marriage, which means an estranged spouse may remain a beneficiary and, in some cases, the named executor unless the will is changed. Separated testators should therefore treat a will review as part of the separation itself, alongside the nominations held by insurers, pension schemes and banks, which pass outside the will but follow the same life event.
How should couples keep their estate plans current?
- Make or update wills in contemplation of the marriage, with the saving words included.
- Review nominations and joint holdings, which pass outside the will entirely.
- Revisit the will after major events, including children, property purchases and separation.
- Keep the original will where the executor can find it without difficulty.
An estate plan drafted at one stage of life rarely fits the next, and marriage is the event that most often outdates one. The firm prepares wills and reviews estate plans for couples at every stage, alongside the family arrangements described on its governance advisory page, and the firm’s practice areas list the related succession services.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.