Writing a Will in Kenya: What Makes It Valid, and What Gets It Challenged

A will is one of the simplest documents to get technically wrong, and one of the most consequential to get wrong badly.

The formal requirements

• Must be in writing
• Must be signed by the testator
• Must be witnessed by two or more competent witnesses, who also sign

A gift to an attesting witness is generally void, even though the will itself remains valid — so your witnesses should inherit nothing under the will.

Oral wills exist, but barely

Kenyan law recognises oral wills only for estates under KES 30,000, made before two witnesses, where the testator dies within three months. For any estate of real substance, this offers no real protection.

You cannot fully disinherit dependants

Under Section 26, a court can order "reasonable provision" for a dependant left out of a will — spouses, children, or others the deceased was supporting. A will drafted without awareness of this is a will drafted to be challenged.

Common mistakes

• Vague property descriptions — use specific title numbers
• No named executor, or no backup
• Not updating after marriage — marriage automatically revokes an earlier will, unless made in contemplation of it
• No one knows where it's kept

A will costs relatively little to draft properly, and corrects almost nothing after death. That gap is exactly what a lawyer closes.

This article is general information, not legal advice, and reflects the law as it currently stands. Rates, fees, and procedures are subject to change.