Why Every Kenyan Should Have a Will: A Guide to Succession Planning

A surprisingly large proportion of Kenyans, including many high-net-worth individuals, die without a valid will. The consequences for surviving families can be severe: protracted intestate succession proceedings, family disputes over assets, and distribution outcomes that may bear no resemblance to the deceased's actual wishes.

Under Kenya's Law of Succession Act, Cap 160, the estate of a person who dies intestate is distributed to the surviving spouse and children in prescribed shares, with the particular outcome depending on whether the deceased left a surviving spouse, children, or both. In polygamous households, the distribution formula can create complex and potentially contentious situations.

A valid will, properly drafted and executed, gives the testator complete control over the distribution of their estate. In Kenya, a will must be in writing, signed by the testator in the presence of two or more witnesses, and the witnesses must sign in the presence of the testator and each other. Beneficiaries and their spouses should not act as witnesses.

Beyond the basic will, sophisticated estate planning may involve the establishment of trusts to provide for minor children or dependants with specific needs, to achieve tax efficiency, or to preserve family wealth across generations. A Letter of Wishes, while not legally binding, can provide valuable guidance to executors on the testator's intentions.

Regular review and updating of your will is strongly recommended following major life events such as marriage, divorce, birth of children, or significant changes in assets or family circumstances.