Currently, you have a few ( or a lot of ) assets and properties; or maybe you have not started that journey but want to be ready when the time comes.
Today, we will go through how to write a will to protect your property after you pass on. As mentioned earlier, those who pass away without planning their property leave their families with much stress and frustration. Here is a link to that article.
Here are the steps:
- Call your Lawyer - This is the most crucial step. Why? Your lawyer will give you a rundown of what you need for the process to start. The rule of thumb is, the more property you have the more critical the need to hire a lawyer for this. Additionally, your lawyer will also tell you what needs to be done to formalise the will and distribute the property once you pass away.
- Of course, do your due diligence on your lawyer first. Here is a link to our article on this.
- Keep your plan to write a will quiet. Do not go telling people who you do not trust. A will is a sensitive document and thus should be kept on a need-to-know basis.
- Take a lot of time to think before you start. You will need to consolidate all your assets and property so that you don't leave out anything. You will need to think about who exactly will be in charge of distribution (the executor/ executors ) and who your witnesses will be. You will also have to think about the most equitable way to distribute your property to your family; that is who will get what.
- Your witnesses should be a minimum of 2 according to Kenyan Law. However, have 3 witnesses. The job of a witness is to confirm your capacity to make the will as well as to confirm your wishes in the will. In case they disagree about the contents or the process of making the will, 3 witnesses can break a tie as opposed to just 2 witnesses.
- The witnesses you choose should not be beneficiaries of your will. Beneficiaries are the people you have given property to when you die. Witnesses who are beneficiaries do not get any of your property under Kenyan Law.
- If you have property outside Kenya, your property will be under the laws of that country. Please talk to your lawyer about this.
- You can add to or revoke your will at any time after you make it. Please see your lawyer about this.
For more information on writing a will; or if you want us to write you a will, book a consultation with us for assistance. You will be guided on our website.
