Nobody likes the conversation, which is why it usually happens too late , after a death, when a family discovers there is no will and the law, not the deceased, decides what happens to the house, the savings and the business.
What happens if you die without a will in Kenya?
When a person dies without a valid will, they die intestate. The Law of Succession Act (Cap 160) then sets out who inherits and in what shares, regardless of what the family may have discussed informally. A grant of letters of administration is required before the estate can be dealt with, and the process generally takes longer than probate of a will. Disputes between relatives over an unadministered estate are, unfortunately, familiar to the courts.
What does a will let you decide?
- who receives your property, and in what proportions;
- who administers the estate as executor;
- who should act as guardian and trustee for minor children;
- how a business, land or co-owned property is to be handled;
- particular wishes , gifts, bequests and arrangements for dependants.
Is a will only for the wealthy?
No. Most Kenyan adults hold assets , a house, a plot, a pension, a motor vehicle, shares, or household property , that someone must lawfully receive and transfer. Families with young children have a particularly clear need, because a will is the natural place to provide for guardianship. Dying intestate does not avoid the legal process; it substitutes the Act’s fixed scheme for your own choices, and it often adds delay, cost and strain at a time when the family can least afford them.
What does making a will involve?
A will must meet the formalities set out in the Law of Succession Act, whose text is available on the Kenya Law website at https://www.kenyalaw.org/, to be valid. The drafting itself is usually straightforward once you have inventoried your assets and made the key decisions about people , executors, guardians and beneficiaries. The greater work is deciding what you want, not the signing.
A considered will is one of the quietest gifts you can leave your family. CS Advocates LLP prepares wills and advises on estate plans for individuals, families and business owners; our about page introduces the firm, and our conveyancing team deals with the land side of estate planning.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.