LET'S TALK ABOUT WILLS

What is a will? This is a question one asks themselves. It is always important to ponder about such serious issues in one's life to put your affairs in order.

A will is a legal declaration by a person of his wishes or intentions regarding the disposition of his property after his death, duly made and executed. In simpler terms, a will is a document that entails the wishes of a person on how their properties will be apportioned after their death. As long as you are over eighteen years of age there is no limit and a person from any religion can write a will.

Whether you are married or not you are entitled to draft a will unless you were insane or lucid the will can be revoked. It will be up to you to prove that you were not insane at the time you signed the will.

A will can be in written or oral form and at least two witnesses have to be present during the time of attesting their signatures. This is in accordance with the Law of Succession Act. An oral will is acceptable only when the testator(one who makes the will) dies within 3 months of making the will. Oral wills are usually made by people in the military whose lives are always in danger.

Written wills have to be signed by the testator and witnesses by two or more witnesses in his or her presence.

CONTENTS OF A VALID WILL

• Testator/Testatrix' name

It is important to note that the one making the will is to be very clear when making that will and the language should not be ambiguous. This last will and testament will remain and all other previous wills and codicils will remain revoked. Therefore the reading of the will read as follows:- '' The last will and testament of Jon Doe.....''

• Bequests

Any property in a will is known as a gift. They are bequeathed to one or more people who are bestowed. In cases where a minor is bequeathed a person of 18 years of age will hold the property in trust until they become of age.

• Executor

An executor of a will can be an Advocate or persons named in the will to administer the estate. They have to be named.

• Execution

A will in order to be valid, it as to be signed, and an intentional mark has to be made by the testator after being witnessed.

Additional Requirements

They include:-

1. Guardians for the testator/testatrix's children (minors)
2. Trustees are to be selected
3. Payment of all debts of the estate
4. Distribution of monies in the estate

Revocation of a will

A will becomes revoked when the testator or the testatrix tears, destroys, or burns the will with the intention of revoking it. It will not be accepted in a court of law.

Procedure in the Courts

In Kenyan courts, a Grant of Probate is most appropriate because there is an existing will. A Petition accompanied by an affidavit will have to be filed according to the Probate and Administration Rules.

The executor is in charge of filing the Petition in court unless he or she declines, a citation is filed to compel him or her to do so.

Once the Petition is filed, the Deputy Registrar gazettes the same, and whoever will object to the grant of probate within 30 days. If no objection is raised, the grant will be confirmed after 6 months and the distribution of the estate will commence.

Conclusion

It is crucial to have a clear roadmap and organize yourself in case of anything because having legal knowledge is the power to unlock so many opportunities. Let us prepare for the days ahead.

Ruth Rotich is an Advocate of the High Court of Kenya, a Member of the Young Lawyers Committee Law Society of Kenya; Nairobi Branch, Owner of Legal Podcast WAKILI GUMZO, a Human Rights Activist, and an Academic Scholar.