A will that fails on formalities can be as bad as no will at all , the family ends up in the intestacy queue anyway. Kenya’s requirements are not onerous, but they are strict, and they are applied.
What makes a will valid in Kenya?
The Law of Succession Act (Cap 160) prescribes the formalities. In summary: the person making the will , the testator , must have capacity and be of the age of majority; the will must be in writing and signed by the testator, or by someone signing in the testator’s presence and at the testator’s direction; and the signature must be made or acknowledged in the presence of two or more competent witnesses, who attest and sign in the presence of the testator. The full text is available on the Kenya Law website at https://www.kenyalaw.org/.
Who can make a will in Kenya?
Any adult with capacity can make a will. Capacity means understanding what you own, who would naturally benefit, and what the will actually does. A will procured by fraud, made under pressure, or made at a time of failing capacity is vulnerable to challenge, which is why careful, unhurried execution matters as much as the drafting itself.
What mistakes complicate Kenyan wills?
- witnessing that was rushed, or witnesses who were not present with the testator as the Act requires;
- informal documents , notes, recordings or drafts , relied on as if they were wills;
- ambiguity about which assets are covered, particularly for land described without clear references;
- failure to update after marriage, which can revoke a will.
Does a will need to be registered in Kenya?
There is no compulsory registry for wills in Kenya. Safe custody is the practical issue: the original must be locatable after death, and the executor or family should know who holds it. Many testators deposit the original with their advocate or a bank, and tell one trusted person where it is kept , an unlocatable original helps nobody.
The formalities are the floor, not the ambition: a well-drafted will also anticipates execution, minors and contingencies. CS Advocates LLP drafts wills and advises on their safekeeping and review; see our practice areas or read more about the firm.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.