A will is a legal document that allows you to declare how your assets should be distributed after your death. In Machakos, creating a valid written will ensures your property is shared according to your wishes and helps your family avoid costly and time-consuming disputes.

This guide outlines the process of drafting a will in Machakos County, and how our law firm, AWK Advocates, can help you with professional estate planning and will preparation.

📚 Applicable Laws

The making of wills in Kenya is governed by:

• The Law of Succession Act (Cap 160)
• Probate and Administration Rules

There are two types of wills:

• Written Wills – most recommended and enforceable
• Oral Wills – only valid in very limited circumstances (for example, by persons in imminent danger of death)

✅ Requirements of a Valid Will in Machakos

To be valid under Kenyan law, a will must meet these criteria:

1. The person making the will (testator) must:
   • Be at least 18 years old
   • Be of sound mind
2. The will must:
   • Be in writing
   • Be signed by the testator
   • Be witnessed by at least two competent persons, who are not beneficiaries

✍️ Steps to Drafting a Will in Machakos

1. List All Your Assets

Include:

• Land and homes in Machakos or other areas (e.g., Mua Hills, Katoloni, Kangundo)
• Vehicles
• Bank accounts (local or SACCOs)
• Shares, businesses, and livestock
• Personal property

2. Identify Beneficiaries

These may include:

• Spouse(s)
• Children
• Parents or siblings
• Friends, churches, or charities

Be specific to avoid future conflicts.

3. Appoint an Executor

This is the person who will carry out the instructions in your will. Choose someone:

• You trust (a family member or friend)
• Or appoint a legal professional, like AWK Advocates, for impartial execution

4. Appoint Guardians for Minor Children

If you have children under 18, name a guardian to care for them in your absence.

5. Specify Payment of Debts and Expenses

State that any debts (loans, funeral costs, taxes) should be cleared before distributing assets.

6. Sign the Will in Front of Witnesses

• Sign at the bottom of the will
• Do so in the presence of two adult witnesses
• The witnesses must also sign in your presence and each other’s

📌 Witnesses cannot be beneficiaries.

📄 Sample Will Format (Simplified)

Last Will and Testament of [Full Name]

I, [Your Name], of [Address in Machakos], declare this to be my Last Will and Testament.

1. I revoke all former wills.
2. I appoint [Executor’s Name] of [Location] as the executor.
3. I bequeath:

   – My land in Mua Hills to my wife [Name]

   – KES 300,000 to my son [Name]

   – My vehicle to my daughter [Name]

4. I appoint [Name] as guardian of my minor children.

Signed: ___________________   Date: _________________

Witness 1: __________________ 

Witness 2: __________________

🏛️ Why Draft a Will in Machakos?

• Land and property ownership is common in Machakos; a will helps prevent family land disputes
• Avoids unnecessary delays at the Machakos High Court’s Family Division
• Protects children and dependents legally
• Prevents relatives from taking advantage of intestacy laws

💼 How AWK Advocates Can Help in Machakos

At AWK Advocates, we offer the following estate planning services for Machakos residents:

• ✅ Drafting personalized, legally sound wills
• ✅ Providing legal advice on property, family law, and inheritance
• ✅ Safe will storage
• ✅ Acting as executors or professional trustees
• ✅ Representing families in probate court in Machakos

🔗 Learn more at awkadvocates.co.ke

📞 Ready to Secure Your Legacy?

Protect your family’s future and make sure your wishes are legally respected. Contact AWK Advocates to draft a valid will in Machakos County.

📧 Visit us at awkadvocates.co.ke or book a consultation today. We can also provide free templates, custom clauses, and support for multi-county estate planning.