Understanding Wills & Succession Under Kenyan Law

Planning for the future is one of the most responsible steps any individual can take, yet succession remains one of the most misunderstood areas of law in Kenya. At CKN Advocates LLP, we regularly guide families and individuals through the process of preparing wills and administering estates.

What the law says

Succession in Kenya is governed primarily by the Law of Succession Act (Cap 160). The Act recognises two broad situations: testate succession, where a person dies leaving a valid will, and intestate succession, where a person dies without one. Where there is no valid will, the law prescribes how the estate is distributed among surviving spouses, children and other dependants — an outcome that may not reflect the deceased’s actual wishes.

What makes a will valid

For a written will to be valid in Kenya, the maker (the testator) must be of sound mind and at least eighteen years of age. The will must be signed by the testator and witnessed by at least two competent witnesses who are present at the same time. A witness who is also a beneficiary may lose their entitlement, so careful drafting matters.

Grant of representation

Before an estate can be distributed, the personal representatives must apply to the court for a grant of probate (where there is a will) or letters of administration (where there is none). The grant confirms their legal authority to collect assets, settle debts and distribute the estate to the rightful beneficiaries.

Practical tips

• Prepare a clear, professionally drafted will and review it after major life events such as marriage, divorce or the birth of a child.
• Keep an updated inventory of your assets and liabilities.
• Appoint executors you trust and inform them of their role.
• Store the original will safely and let a trusted person know where it is kept.

A well-prepared succession plan protects your loved ones from unnecessary disputes, delay and expense. Our team is available to advise on drafting wills, setting up trusts and administering estates.

This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact CKN Advocates LLP.