Understanding the Importance of Professional Will Drafting in Kenya

If you're asking how to get a will made in Kenya, you're taking a crucial step towards securing your legacy and protecting your loved ones. A legally sound will ensures your assets are distributed exactly as you wish, minimizing potential family disputes and providing clarity for your beneficiaries. Mwenda Njagi & Co. Advocates specializes in professional will drafting services, guiding you through every step of the process with expertise and sensitivity. Our firm, situated conveniently in Nairobi, ensures that your final wishes are documented in compliance with Kenyan law, reflecting our commitment to uncompromising integrity in every aspect of estate planning.

Legal Requirements for a Valid Will Under Kenyan Law

To understand how to get a will made in Kenya, it’s essential to first grasp the legal prerequisites mandated by the Law of Succession Act, Cap 160. A valid will must meet several key criteria: the testator (the person making the will) must be of sound mind and over 18 years old, possessing full testamentary capacity. The will must be in writing, clearly articulating the distribution of assets, appointment of an executor, and identification of beneficiaries. Crucially, it must be signed by the testator (or by another person in their presence and by their direction) and attested by two or more competent witnesses who are present at the same time and who also sign the will in the presence of the testator. Our advocates ensure meticulous adherence to these statutory requirements, preventing future challenges and upholding the will's legal standing.

how to get a will made in Kenya
Mwenda Njagi & Co. Advocates

Step-by-Step Process: How Mwenda Njagi & Co. Advocates Drafts Your Will

The process of how to get a will made in Kenya with Mwenda Njagi & Co. Advocates is straightforward and client-focused. Firstly, we schedule a confidential consultation to understand your unique circumstances, discuss your assets (including real estate, investments, and personal property), liabilities, and your wishes regarding their distribution. We also identify suitable executors and beneficiaries. Secondly, our experienced legal team drafts a comprehensive will tailored to your specific instructions, including provisions for minor children, specific bequests, and residuary estate clauses. We then facilitate a thorough review process to ensure accuracy and clarity. Finally, we oversee the proper execution of the will, arranging for compliant signing by the testator and attestation by two independent witnesses, ensuring strict adherence to the Law of Succession Act, Cap 160. This meticulous approach guarantees a legally robust document.

Legal Representation in Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.

Associated Costs and Review of Your Kenyan Will

Lawyer explaining how to get a will made in Kenya to a client at Mwenda Njagi Advocates office

Understanding the costs involved is a key part of how to get a will made in Kenya. At Mwenda Njagi & Co. Advocates, our professional fees for drafting a standard will typically range from KES 20,000 to KES 40,000, depending on the complexity of your estate and specific instructions. This fee covers the initial consultation, drafting, review, and supervision of the signing process. Additional services, such as drafting a codicil (an amendment to an existing will) or safe custody services, may incur separate charges. We advise clients to review their will periodically, especially after significant life events like marriage, divorce, birth of children, or acquisition/disposal of major assets, to ensure it remains current and reflective of their wishes. We provide transparent fee structures, ensuring there are no hidden costs, in line with our firm’s commitment to integrity.

Frequently Asked Questions

Who cannot be a witness to a will in Kenya?
A beneficiary or the spouse of a beneficiary named in the will cannot be a competent witness to avoid conflict of interest, as per the Law of Succession Act, Cap 160. If they witness, the gift to them (or their spouse) becomes void, though the rest of the will remains valid.
Can I write my own will in Kenya without a lawyer?
While technically possible, it is highly inadvisable to write your own will without legal counsel in Kenya. Minor errors in drafting or execution can render the will invalid, leading to intestate succession or disputes. Professional guidance from Mwenda Njagi & Co. Advocates ensures legal compliance and peace of mind.
How often should I review or update my will in Kenya?
It is prudent to review your will every 3-5 years, or immediately after significant life changes such as marriage, divorce, birth of a child, death of a beneficiary/executor, or substantial changes in your assets. Mwenda Njagi & Co. Advocates can assist with amendments via a codicil.