Best Will & Testament Lawyers in Kenya

About Will & Testament Law in Kenya:

In Kenya, a Will is a legal document that specifies how a person's assets and estate should be distributed upon their death. A Testament is a document that outlines the wishes of the deceased regarding their assets and is legally binding. It is important to have a valid Will in place to ensure that your assets are distributed according to your wishes.

Why You May Need a Lawyer:

You may need a lawyer to assist you in drafting a comprehensive and legally binding Will that accurately reflects your wishes. A lawyer can also help you navigate complex legal processes, ensure that your Will is valid under Kenyan law, and provide guidance on estate planning and asset distribution.

Local Laws Overview:

In Kenya, the law governing Wills and Testaments is primarily governed by the Law of Succession Act. This Act outlines the rules and procedures for creating a valid Will, the rights of beneficiaries, and the distribution of assets in the absence of a Will. It is important to seek legal advice to ensure that your Will complies with these laws.

Frequently Asked Questions:

1. What is a Will?

A Will is a legal document that specifies how a person's assets and estate should be distributed upon their death.

2. Do I need a lawyer to create a Will?

While it is not mandatory to have a lawyer assist you in creating a Will, it is highly recommended to ensure that your Will is legally binding and accurately reflects your wishes.

3. What happens if I die without a Will?

If you die without a Will, your assets will be distributed according to the laws of intestacy, which may not align with your wishes.

4. Can I make changes to my Will after it is created?

Yes, you can make changes to your Will at any time by creating a codicil or drafting a new Will. It is important to seek legal advice when making changes to your Will to ensure that they are valid.

5. Can a Will be contested in court?

Yes, a Will can be contested in court if there are concerns about its validity, authenticity, or if beneficiaries believe they were unfairly excluded or treated.

6. How can I ensure that my Will is valid?

To ensure that your Will is valid, it must be in writing, signed by you in the presence of witnesses, and comply with the requirements set out in the Law of Succession Act.

7. Can I disinherit a family member in my Will?

Yes, you have the right to disinherit a family member in your Will, but it is important to seek legal advice to understand the implications and potential challenges.

8. What is the role of an executor in a Will?

An executor is responsible for administering your estate according to the terms of your Will, including distributing assets, settling debts, and handling any legal proceedings.

9. How often should I review my Will?

It is recommended to review your Will periodically, especially after major life events such as marriage, divorce, birth of children, or acquisition of significant assets.

10. Can I revoke my Will at any time?

Yes, you have the right to revoke or amend your Will at any time, as long as you are of sound mind and follow the legal requirements for revocation.

Additional Resources:

For more information on Wills and Testaments in Kenya, you can contact the Law Society of Kenya or the Ministry of Lands and Physical Planning.

Next Steps:

If you require legal assistance with drafting a Will or have any questions about Wills and Testaments in Kenya, it is recommended to consult with a qualified and experienced lawyer specializing in estate planning and succession law.