Nobody likes the conversation, which is why it usually happens too late, after a death, when a family discovers there is no will and the law, not the deceased, decides what happens to the house, the savings and the business.
What happens if you die without a will in Kenya?
When a person dies without a valid will, they die intestate. The Law of Succession Act (Cap 160) then sets out who inherits and in what shares, regardless of what the family may have discussed informally. A grant of letters of administration is required before the estate can be dealt with, and the process generally takes longer than probate of a will. Disputes between relatives over an unadministered estate are, unfortunately, familiar to the courts.
What does a will let you decide?
- who receives your property, and in what proportions;
- who administers the estate as executor;
- who should act as guardian and trustee for minor children;
- how a business, land or co-owned property is to be handled;
- particular wishes, gifts, bequests and arrangements for dependants.
Is a will only for the wealthy?
No. Most Kenyan adults hold assets, a house, a plot, a pension, a motor vehicle, shares, or household property, that someone must lawfully receive and transfer. Families with young children have a particularly clear need, because a will is the natural place to provide for guardianship. Dying intestate does not avoid the legal process; it substitutes the Act’s fixed scheme for your own choices, and it often adds delay, cost and strain at a time when the family can least afford them.
What does making a will involve?
A will must meet the formalities set out in the Law of Succession Act, whose text is available on the Kenya Law website at https://www.kenyalaw.org/, to be valid. The drafting itself is usually straightforward once you have inventoried your assets and made the key decisions about people, executors, guardians and beneficiaries. The greater work is deciding what you want, not the signing.
A considered will is one of the quietest gifts you can leave your family. CS Advocates LLP prepares wills and advises on estate plans for individuals, families and business owners; our about page introduces the firm, and our conveyancing team deals with the land side of estate planning.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.