Succession planning through a will? It's more than just a formality – it's a power move to ensure your legacy continues exactly as you demand!

For everything there is a season, and a time for every matter under heaven: a time to be born, and a time to die.

We may avoid talking about death, but it’s an inevitable part of life. Planning for it, however, is often overlooked due to cultural beliefs or fear. Yet, writing a will offers peace of mind and ensures our loved ones are cared for after we pass. In this article, we’ll break down the essentials of succession planning through a will.

The Legal History of Wills

Wills have evolved significantly over time. In ancient civilizations like Egypt, Greece, and Rome, wills were used to transfer property—typically among male heirs. Fast-forward to 1540, during the reign of King Henry VIII, the Statute of Wills revolutionized estate planning, allowing landowners to distribute their property through written wills. Since then, wills have become vital legal documents across jurisdictions, including in Kenya, where they are governed by the Law of Succession Act (Cap 160).

What Is a Will?

A will is a legal document that outlines how a person’s assets will be distributed upon their death. The person making the will is called the testator. But why should you have one?

Why Write a Will?

1. Clarity in Asset Distribution: Ensure that your loved ones inherit your assets as you wish.
2. Appoint Executors: Choose trusted individuals to execute your wishes.
3. Guardianship: Specify who will care for your children.
4. Prevent Disputes: Minimize potential family conflicts.
5. Tax Efficiency: Reduce estate taxes and related expenses.
6. Personal Wishes: Decide how you want your remains to be handled—burial, cremation, or donation.

Types of Wills

In Kenya, there are two types of wills:

• Oral Wills: Must be declared in the presence of two witnesses and valid for three months.
• Written Wills: Must be signed by the testator and witnessed by at least two competent individuals.

Validity of a Written Will

For a will to be valid:

1. The testator must be of sound mind.
2. The testator must act of their own free will—without coercion or undue influence.
3. The will must be signed by the testator and witnessed by two or more competent individuals.

Alteration and Revocation of Wills

A will can be revoked by destroying it or creating a new one. Alterations can be made using a codicil, which must meet the same legal requirements as the original will.

Burial Preferences in a Will/ Court Cases

The Virginia Edith Wamboi Otieno v Joash Ochieng Ougo case highlighted burial disputes in Kenya. Wambui Otieno sought to bury her husband in Ngong, but his clan insisted on a traditional burial in Siaya. The court ruled in favor of the clan. However, in John Omondi Oleng v Svetlana Radol, the court ruled that the widow had the right to cremate her husband, as per his wishes, overriding cultural customs.

Conclusion

Death is part of life’s natural cycle, and planning for it through a will ensures your legacy lives on as you intended. Now that you know, consider writing a will. That way, you can truly rest in peace.

“In this world, nothing is certain except death and taxes.” — Benjamin Franklin

#SuccessionPlanning #EstatePlanning #Wills #LegalMatters

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