How to Write a Will in Kenya: 7 Essential Rules (2026)

Updated 28 October 2026

To write a will in Kenya that holds up, you must be an adult of sound mind, put it in writing, sign it (or have someone sign in your presence and at your direction), and have at least two competent witnesses watch you sign and then sign it themselves in your presence. These rules come from the Law of Succession Act (Cap 160). Get them wrong and your family may end up applying for letters of administration as if you left no will. Below are the seven rules that matter, a step-by-step method and the mistakes that get wills challenged.

Updated October 2026, from the Law of Succession Act (Cap 160) as published by Kenya Law and the National Treasury. This is general information, not legal advice; an advocate can draft and keep your will.

Why Write a Will in Kenya?

Many families only learn the cost of not having a will after a death, when bank accounts are frozen and land can’t be sold or transferred until the court acts.

Without a will, the intestacy rules decide who inherits, and your family must go through the full court process for a grant of letters of administration (see how to file succession in Kenya). A valid will lets you choose your beneficiaries and executor, and can make the court stage simpler.

The 7 Legal Rules for a Valid Will

1. Capacity (section 5). You must be of sound mind and not a minor. Soundness is presumed unless you didn’t know what you were doing when you signed, for example because of illness, drink or drugs.
2. Signature (section 11). You sign or put your mark on the will, or someone else signs it in your presence and at your direction. The signature must show you intend the document to be your will.
3. Two witnesses (section 11). At least two competent witnesses must see you sign, or hear you personally acknowledge your signature, and then each signs in your presence.
4. Don’t let beneficiaries witness (section 13). A gift to a witness, or to a witness’s spouse, is void unless two other independent witnesses also attest the will. The rest of the will still stands.
5. Oral wills are fragile (section 9). An oral will needs two or more competent witnesses and is only valid if you die within three months of making it (members of the armed forces or merchant marine on active service are exempt from the three-month limit).
6. Revocation (sections 18 and 19). A will is revoked by a later will or codicil that says so, or by deliberately destroying it. An oral will can’t revoke a written one. Marriage revokes an earlier will unless the will says it was made in contemplation of marriage to a named person.
7. Provide for dependants (section 26). If your will doesn’t make reasonable provision for a dependant, they can ask the court to order it from your net estate.

How to Write a Will in Kenya, Step by Step

Follow these steps to write a will in Kenya that your executor can actually use.

1. List your assets: land (with title numbers), bank and SACCO accounts, shares, pension, vehicles and business interests.
2. List your dependants: spouse(s), children and anyone you maintain.
3. Choose an executor you trust to apply for probate and carry out the will.
4. Write clear gifts: “my land parcel [title number] to [full name, ID number]”. Vague wording invites disputes.
5. Name a residuary beneficiary for anything you forget or acquire later.
6. Sign before two independent witnesses who are not beneficiaries or their spouses. Date every page.
7. Store it safely with an advocate or your bank, and tell your executor where it is.
8. Review it after marriage, divorce, a new child or a major purchase. Marriage revokes it.

Will Checklist: Mistakes That Get Wills Challenged

After the Will: What Your Family Will Need

Land still has to be transferred into the beneficiaries’ names after the grant; see land transfer steps and official costs and the land transfer cost calculator. If your title is not yet in your name, fix that now with our guide on how to get a title deed. If you live abroad, a power of attorney can handle property matters while you are alive. It ends at death, when the will takes over.

Official Sources

If you want to write a will in Kenya yourself, read the sections cited above in the Act itself, then have the draft checked.

• Kenya Law: Law of Succession Act (Cap 160)
• National Treasury copy of the Law of Succession Act (PDF)

Frequently Asked Questions

Does a will in Kenya need to be done by a lawyer?

No. The Act sets the formalities (writing, signature, two witnesses), not who drafts it. An advocate helps avoid mistakes and can keep the original.

How many witnesses does a will need in Kenya?

At least two competent witnesses, who see you sign or hear you acknowledge your signature and then sign in your presence.

Can a beneficiary witness a will in Kenya?

They can, but their gift becomes void unless two other independent witnesses also sign.

Does marriage cancel a will in Kenya?

Yes, unless the will was expressly made in contemplation of marriage to a specified person.

Checked on 28 October 2026 against sections 5, 9, 11, 13, 18, 19 and 26 of the Law of Succession Act (Cap 160).