The will in the drawer was signed in 2014. Since then: a marriage, two children, a house purchase and a business that tripled in size. Whether it still does its job is a question worth asking now, before someone else has to ask it for you.
When should you update your will in Kenya?
- marriage or remarriage , under the Law of Succession Act (Cap 160), a will is generally revoked by a subsequent marriage unless it was made in contemplation of that marriage;
- divorce or separation , a former spouse is not automatically removed, so the terms need review;
- births, adoptions or deaths among beneficiaries, executors or guardians;
- significant changes in assets , land acquired or sold, businesses started or restructured, new liabilities;
- long lapses of time , a review every few years is a sensible habit.
How do you update a will , codicil or new will?
A codicil is a short supplemental instrument that amends an existing will, and it must be executed with the same formalities as the will itself. Codicils suit limited changes , a substituted executor, a revised beneficiary. Where the changes are substantial, or where earlier codicils have accumulated over the years, a fresh will revoking earlier testamentary documents is usually the cleaner course and easier for your executor to follow.
What formalities apply to an updated will?
The same as for the original: writing, signature by the testator, and attestation by two or more competent witnesses in the testator’s presence. An amendment written onto an existing will, or a handwritten alteration, should not be relied on without proper execution , such changes invite disputes about when they were made and whether the formalities were observed at all.
Where should the updated will be kept?
With the original, in a place the executor can locate, with superseded versions clearly marked as revoked or withdrawn. A stale or contradictory document surfacing after death is one of the more avoidable sources of probate disputes; the court process and its causes are public through the Judiciary at https://www.judiciary.go.ke/.
A will is a living document in the practical sense , it should track the life around it. CS Advocates LLP reviews and updates wills for changed circumstances; see our practice areas or read more about the firm to arrange a review.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.