x Eve Woman Wellness Readers Lounge Leisure and Travel My Man Bridal Health Relationships Parenting About Us Digital News Videos Opinions Cartoons Education E-Paper Lifestyle & Entertainment Nairobian Entertainment Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise BULK SMS E-Learning Digger Classified The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS
Login ×
BTV
VAS
DCX
RMS

How to write a will

Living - By Gardy Chacha | December 9th 2020 at 10:05:00 GMT +0300
Remember, a will also captures your personal wishes aside from distribution of your wealth (Shutterstock)

There are two main types of wills recognised by Kenyan Law.

“The first is oral will. By speaking up your wishes – in the presence of two or more witnesses – you have successfully made a will,” says Mkangi.

An oral will can be recorded on audio or even video for proof. But the oral will only hold if the testator (the person making the will) dies within three months. “It’s usage is therefore time-limited,” Mkangi says.

The second type is the written will. Unlike the oral will, written wills can be activated any time.

A written will has to be signed by the testator in the presence of two or more witnesses – who append their signatures as well. As for the actual writing, Mkangi says one can just pick a pen and a clean paper and write their wishes. “You do not need it typed or any special writing; as long as it is legible handwriting. Make sure that you sign it before witnesses and they sign too,” Mkangi says.

Contested

In Kenya, wills do not have testamentary freedom – the power to be respected fully.

  1. READ MORE
  2. 1. Meghan Markle and Prince Harry will return to social media 'when it's right for us'
  3. 2. Mum forced to give away child overjoyed as daughter finds her on Facebook 50 years later
  4. 3. Meet Joe Biden's family, behind him all through during his decades in politics
  5. 4. What we will miss about Melania and Ivanka Trumps’s fashion sense

He says: “In some countries a will cannot be changed when the testator dies. His or her wishes are respected fully. If he wishes to give all his wealth to charity then that is what happens.

“In Kenya, a will can be contested. It therefore has limits. For instance, the constitution protects rights of children of the deceased – whether legitimate or illegitimate. That is why when prominent men die women come from the woodworks to ask that rights of their children be recognised before burial occurs.

“The law also says no one should be discriminated against on the basis of sex, race, and religion and so on. The will has to maintain these boundaries placed by the law. Hence, in Kenya, a will is only effective to the extent that the law allows it.”

All of your wishes

A will also captures one’s personal wishes aside from distribution of their wealth.

For instance, in Wala’s will, she has a ‘do not resuscitate’ clause: which instructs health care providers not to do cardiopulmonary resuscitation (CPR) in situations where the patient’s quality of life would be below normal.

In Ng’ang’a’s will, she has a clause that describes how, upon death; she would want her remains disposed. “I want to be cremated and not buried,” she says.

Updates

Wala updates her wills every now and then to capture new assets and other changes that occur as she continues to live.

Mkangi says it is important to update written wills in this regard.


Will Family Life Insurance

Top Stories

What you need to know about incoming United States VP Kamala Harris
Achieving Woman - By Derrick Oluoch


Melania's last days in the White House 'as she snubbed staff'
Entertainment - By Mirror


From teacher to second lady to first lady: What you need to know about Jill Biden
Achieving Woman - By Derrick Oluoch


Seven ways to feel more in control of your life
Lady Speak - By Esther Muchene


What we will miss about Melania and Ivanka Trumps’s fashion sense
Fashion and Beauty - By Lolita Bunde


Seven accessories every woman should have in their wardrobe
Fashion Tips - By Esther Muchene


4 ways to break a soul tie
Relationships - By Jennifer Karina


Dry-humping can get you pregnant...even with your clothes on
Health - By Daily Mail


Seven natural alternatives for black hair dye
Hair - By Renee Wesonga


5 ways to lift your breasts naturally
Health - By Mirror


Latest Stories

Powerful gentlemen who quit their jobs, titles to support their spouses
Living - By Derrick Oluoch and Lolita Bunde


Beating Covid 'as good as a vaccine' with '90 per cent protection', study finds
Living - By Mirror


Former Destiny’s Child star LeToya Luckett announces divorce
Living - By Audrey Masitsa


How to cut Christmas Day coronavirus risk - from presents to games and dinner
Living - By Mirror


How to reduce Christmas stress and have a good time this year
Living - By Derrick Oluoch


Why you should write a will
Living - By Gardy Chacha


Stephanie Frappart makes history as first female referee to officiate a men's Champions League game
Living - By Derrick Oluoch and Reuters


How to handle gift giving on a budget this holiday
Living - By Lolita Bunde


Five tips to help you read more books
Living - By Lolita Bunde


Stay Ahead!

Access premium content only available
to our subscribers.

Or Login With Your Standard Account
Support independent journalism

Please enter your email address to continue

Support independent journalism
×
Create An Account
Support independent journalism
I have an account Log in
Reset Password
Support independent journalism
Log in