About Will & Testament Law in Karen, Kenya
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.
Why You May Need a Lawyer
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 Overview
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.
Frequently Asked Questions
What Should a Will Contain?
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.
Can a Will be Disputed in Kenya?
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.
What Happens When a Person Dies Without a Will?
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.
Does a Will Need to be Notarized in Kenya?
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.
How Long Does Probate Take in Kenya?
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.
Additional Resources
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.
Next Steps
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.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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