Best Will & Testament Lawyers in Ruaka

About Will & Testament Law in Ruaka, Kenya

In Ruaka, Kenya, as in the rest of the country, the law governing Will & Testament is largely derived from the Law of Succession Act, Cap 160, of the Laws of Kenya. This legislation stipulates how the property of a deceased person is to be distributed among survivors. When a person passes away, their estate (property and possessions) must be managed and distributed in accordance with this law. Wills in Kenya are legal documents that express the wishes of an individual regarding the distribution of their property after their death. In lack of a valid will, the estate is divided according to the rules of intestacy outlined in the Act.

Why You May Need a Lawyer

There are several instances where you might need legal help with respect to Wills & Testament, including when you are drafting a new will, updating an existing will, challenging or contesting a will, acting as an executor or administrator of an estate, or if you are a beneficiary seeking to understand your rights. Legal assistance ensures that wills comply with Kenyan law, reflect the true intentions of the testator (person making the will), and minimize the potential for disputes among beneficiaries.

Local Laws Overview

When dealing with Will & Testament in Ruaka, the following key aspects of local laws should be taken into account:

• Validity of Wills - A will must be written and signed by the testator in the presence of two witnesses who must also sign the document.
• Capacity to Make a Will - The testator must be at least 18 years old and of sound mind.
• Revocation and Alterations - A will can be revoked by marriage, divorce, or by making another will. Any alterations after the will has been signed must follow similar formalities to the original will.
• Grounds for Contesting a Will - A will can be contested on various grounds, including undue influence, fraud, or lack of proper execution.
• Grant of Probate - For the will to be executed, a grant of probate from a court is necessary, which validates the will and authorizes the executor to distribute the estate.
• Intestacy Rules - If there is no valid will, the estate is divided among the surviving spouse, children, and other relatives according to specified rules.

Frequently Asked Questions

1. Who can make a will?

Any person who is 18 or older and of sound mind can make a will in Kenya.

2. Can I write my own will without a lawyer?

While it is possible to write your own will, it is advisable to seek legal advice to ensure it is valid and your intentions are clearly expressed.

3. What happens if someone dies without a will?

If someone dies intestate (without a will), their estate is distributed according to the rules of intestacy as provided in the Law of Succession Act.

4. How can I change my will?

To change your will, you can either make a new will or add a codicil, which is an amendment to your existing will.

5. Can a will be contested?

Yes, a will can be contested if someone believes it was made under undue influence, coercion, fraud, or when the testator lacked mental capacity.

6. How do I choose an executor for my will?

You should choose someone you trust, preferably with some legal or financial knowledge, to act as executor of your will.

7. How long does probate take?

The duration of probate can vary greatly depending on the complexity of the estate and whether there are any disputes. It can take several months to even years.

8. Do I need an executor?

Yes, an executor is the person appointed by the will to administer the estate and ensure your wishes are carried out as stipulated in the will.

9. What is a codicil?

A codicil is a document used to amend, rather than replace, a previously executed will.

10. Can an oral will be valid?

In Kenya, oral wills are not generally considered valid. Wills need to be in writing and properly witnessed.

Additional Resources

Individuals seeking further assistance with Will & Testament matters can reach out to:

• The Law Society of Kenya for a referral to lawyers specializing in estate planning and probate law.
• The Kenya Revenue Authority for inquiries regarding estate tax obligations.
• Local non-governmental organizations that provide legal assistance and guidance on estate planning.

Next Steps

If you need legal assistance in creating or managing a Will & Testament in Ruaka, Kenya, you should:

1. Consult with a lawyer who specializes in estate planning to help guide you through the process.
2. Gather all necessary documentation related to your assets and your intended beneficiaries.
3. Discuss your wishes in detail with your lawyer to ensure your will is clearly drafted and legally binding.
4. Consider the need to review and update your Will periodically, especially after major life events.