Drafting a will in Kenya is a crucial step in ensuring that your property and wishes are honored after your death. A will is a legal document that outlines how your assets should be distributed and who should administer your estate.

Kenyan wills are governed by the Law of Succession Act (Cap 160). Here’s a complete guide to help you draft a valid will — and how our firm, AWK Advocates, can assist in doing it properly.

✅ What Makes a Will Valid in Kenya?

To be legally recognized, a will must meet these criteria:

1. Written voluntarily by a person of sound mind (oral wills are limited).
2. The testator must be 18 years or older.
3. The will must be signed by the testator.
4. It must be witnessed by at least two competent adults, present at the same time.

⚠️ Witnesses cannot be beneficiaries of the will.

📝 Step-by-Step Guide to Drafting a Will in Kenya

1. Title the Document Clearly

Example: “Last Will and Testament of [Your Full Name]”

2. Declare Your Identity and Testamentary Intention

State:

• Your full name, ID number, and address
• That you are of sound mind
• That this is your last will and revokes all previous wills

3. Appoint an Executor

An executor is the person who will administer your estate and ensure your wishes are carried out.

📌 You may appoint a trusted friend, relative, or professional (including a lawyer).

4. List Your Assets

Clearly list all your assets:

• Land and property (with title numbers)
• Bank accounts
• Investments
• Vehicles
• Shares
• Business interests
• Personal items of value

5. Name the Beneficiaries and Distribute Your Estate

Specify:

• The full names of your beneficiaries (spouse, children, relatives, charities)
• What each beneficiary should receive
• Any special instructions (e.g. guardianship of minors)

💡 Be as specific as possible to avoid disputes.

6. Include a Residuary Clause

This clause deals with any property not specifically mentioned in the will.

Example: “I give the remainder of my estate to my wife, Jane Wanjiku.”

7. Sign the Will in the Presence of Witnesses

• Sign and date the will in front of two adult witnesses.
• Witnesses must also sign the will in your presence and in each other’s presence.

🔒 Optional But Recommended:

• Keep the original will in a safe place (e.g. law firm, bank, or secure home safe).
• Consider registering your will with the High Court or a trusted lawyer.
• Review and update your will regularly, especially after major life changes.

⚖️ Legal Support by AWK Advocates

At AWK Advocates, we help you:

• ✅ Draft a legally binding will that reflects your true intentions
• ✅ Appoint and advise executors
• ✅ Ensure proper witnessing and signing
• ✅ Safely store or register your will
• ✅ Update or revoke previous wills

🔗 Visit: https://awkadvocates.co.ke

🧾 Sample Will Format (Simplified)

LAST WILL AND TESTAMENT OF JOHN MWANGI

I, John Mwangi, ID No. 12345678 of Nairobi County, being of sound mind, declare this to be my last will and testament.

1. I appoint Mary Wanjiru (ID No. 87654321) as the executor of this will.

2. I give my property LR No. Nairobi/Block 123/456 to my wife, Mary Wanjiru.

3. I give KES 500,000 from my Co-op Bank Account No. 123456789 to my son, Peter Mwangi.

4. I give the remainder of my estate to be equally divided among my three children.

Signed by:

John Mwangi ___________ Date: 1/1/2025

Witnessed by:

James Otieno ___________ ID: 34567890 

Ann Wambui ___________ ID: 45678901

📞 Ready to Draft Your Will?

Let AWK Advocates help you create a valid, clear, and dispute-free will that protects your family and assets.

📧 Contact us today at awkadvocates.co.ke to get started — or request a personalized will template tailored to your needs.