A will is a formal legal document in which an individual (the testator) declares their wishes or intentions regarding the disposition of their property after their death. A will is made and executed in accordance with the Law of Succession Act. It is a vital tool for estate planning, allowing you to name the beneficiaries of your assets, designate trusted individuals to manage your property, appoint guardians for minor children, and ensure long-term wealth preservation for your beneficiaries. 

Writing a will doesn’t have to be complicated. A properly drafted will provides peace of mind that your wishes will be carried out without ambiguity. Dying without a will leaves your estate vulnerable to intestate succession laws, exposing your family to lengthy court delays, unexpected expenses, and painful disputes. At Mucheru & Company Advocates, we sit down with you and learn about your family and situation. We provide honest guidance and solid documents to protect your loved ones and your assets.

Dying without a valid will means you die “intestate,” and the distribution of your estate becomes governed by the Law of Succession Act (Cap 160). Instead of your chosen beneficiaries inheriting according to your wishes, the court will distribute your property based on a rigid legal hierarchy of next of kin, which may not align with your true personal intentions or family dynamics. This court process is often lengthy and can lead to family and court disputes. 

Yes, a will is completely flexible and can be amended or entirely revoked by the maker at any time, provided they possess full testamentary capacity (being of sound mind and at least 18 years old). Minor changes can be executed through a legal addition known as a codicil, which must be signed and witnessed with the same formalities as a will.  Major life changes, such as a marriage, birth, or acquiring new assets, typically warrant drafting a brand-new will that explicitly revokes all prior versions.

A will only takes effect after your passing and requires a public, court-supervised probate process before assets can be transferred to beneficiaries. Conversely, a living trust is established during your lifetime. Once your assets are transferred into a separate entity called a Trust, they are no longer part of your personal estate, and are not subject to probate upon your death. This avoids the delays, expenses, and publicity of traditional court succession.

While a standard will sets out what happens to your property and assets after you pass away, a Living Will addresses your personal medical and healthcare preferences while you are still alive but incapacitated. It outlines your exact directives regarding medical interventions or life-prolonging treatments if you become unable to communicate your decisions due to severe illness or injury.

A family trust is a trust that is registered by any person for the purposes of planning or managing their personal estate. A family trust is designed to hold, preserve, and manage assets for multiple generations of a family. By placing assets into a trust, you ensure that they are managed privately, protected from external liabilities or frivolous spending, and smoothly transitioned to your loved ones without fragmentation.

A Discretionary Trust is an estate planning vehicle where the beneficiaries do not have a fixed, automatic right to the trust’s income or capital. Instead, the trustees have absolute flexibility and decision-making power to determine when, how much, and to which beneficiaries trust capital or income is distributed. This structure is beneficial if you have young children, beneficiaries with special needs, or relatives who may not be financially responsible, as it ensures your long-term wealth preservation is managed dynamically based on changing life circumstances.

An executor is the trusted individual or institution named in a will responsible for carrying out the deceased’s exact instructions. Their primary legal obligations include identifying and preserving all estate assets, settling outstanding debts, funeral costs, and taxes using estate funds, and formally distributing the remaining property to the designated beneficiaries according to the terms of the will.

For a non-contested estate where there is a valid will, the named executor must file a formal petition for a Grant of Probate. This involves uploading the applicable statutory forms and supporting documents onto the Judiciary E-Filing platform. The matter is then published in the Kenya Gazette for 30 days to allow for any public objections. If none are raised, the court issues a Grant of Probate which allows the executor to consolidate and take care of the estate. The next step is to apply for the Grant of Probate to be confirmed which is done in open court. The executors are entitled to apply for a Confirmation of Grant on the expiration of six months from the date of the Grant of Probate. The Confirmation of Grant empowers the executors to distribute the capital assets of the deceased’s estate. The executors can also access and use the proceeds of the estate for the benefit of dependants and beneficiaries. 

To begin, you can easily reach out to us through email, phone or through our Contact Form to schedule an initial consultation. During this first discussion, we will compassionately review your situation, explain the legal framework, and outline your options.