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Browse our 1 legal question about Will & Testament in Kenya and the lawyer answers, or ask your own questions for free.
The laws surrounding Wills and Testaments in Karen, Kenya fall under the jurisdiction of the Kenyan Law of Succession Act. This Act governs the distribution of a person's estate after their death. Moreover, it acknowledges the validity of both written and 'oral' wills. Worth noting, a Will must be voluntarily made by a person of sound mind and aged 18 years or older.
Most people will require legal expertise when drafting a Will and Testament. A lawyer will help structure your Will, ensuring it accurately represents your wishes. Furthermore, having a lawyer becomes crucial when an estate is subject to legal disputes or when there is a contestation of a will. A lawyer will guide you through the intricate legal landscape and ensure your interests are appropriately represented.
Local laws about Wills and Testaments in Karen, Kenya are majorly encapsulated in the Law of Succession Act. The Act stipulates a compulsory set of rules to distribute the estate of a person who dies without leaving a will (intestate). This law also applies to people who die, having invalidated their will. If a deceased has left a will, the estate will be shared as per the stipulations in the will.
A Will should contain the testator's name, details of the property and assets, beneficiaries with their share percentage, contact details of the executor, and any special instructions. The testator must sign it in front of two witnesses who are not beneficiaries in the will.
Yes, a will can be disputed in Kenya under specific circumstances such as fraud, instruction upon coercion, non-compliance with Succession Act among others. A lawyer can help mediate this dispute.
If a person dies without a Will in Kenya, the Succession Act outlines the method of distributing their estate. The estate is typically divided between the spouse and children, with consideration also given to dependents like parents.
Wills in Kenya do not necessarily need to be notarized, but they must be signed by the testator in the presence of two witnesses who aren't beneficiaries in the Will.
The length of the probate process depends on several factors, including the complexity of the estate and the presence of any legal disputes. On average, it can take anywhere from six months to two years.
The Law Society of Kenya is the professional body for advocates in Kenya and offers many resources on its website. The Kenya Law Reports also publishes judicial opinions, statutes, and legal notices, and is a good resource for understanding legal precedent in Kenya. Government bodies like the Judiciary of Kenya also provide contacts and resources.
If you need to draft a Will or need legal advice about a Will or Testament, it would be prudent to approach a credible law firm or an advocate. Be sure to discuss all your assets and letting your wishes known clearly. If you anticipate disputes, it would be advisable to have a lawyer present during your will's execution. Remember to keep your Will updated as your personal circumstances or laws may change.
