How to write a will in Kenya: what to decide first

Many people put off a will because it feels like a big legal job. It is easier when you split it in two. First comes the thinking: who gets what, who will carry it out, who will look after the children. That part you can do at your own table, with a pen and a cup of tea. Then comes the legal part, which an advocate (a lawyer) helps you finish. This guide is about the thinking, so that when you do meet the advocate you know what you want.

This is general information, not legal advice. The law in Kenya is the Law of Succession Act, and your own family situation can change the answer. Please have an advocate check your will before you sign it.

What a will does, in plain words

A will is a written instruction, signed by you, saying what should happen to your property after you have passed on. The person who writes it is called the testator. The person you choose to carry it out is the executor.

If there is no valid will, the family usually has to go to court to be appointed to sort out the estate, and the law decides how it is shared. That can be slow, and it can cause quarrels between people who love each other. A clear will does not prevent every disagreement, but it removes many of them.

Step 1: List what you own

Before anything else, write down everything of value, in one list. Do not worry about the order.

• Land, a house or a plot (and where the title deed is)
• Bank accounts, a SACCO, M-Pesa, shares, a pension
• Insurance policies
• A business, a vehicle, livestock, a farm
• Debts you owe and money owed to you

Next to each item, write where the papers are kept. For accounts and policies, the last four digits are enough in your own notes. Never write a PIN or a password on a list that other people may read.

Step 2: Decide who should receive what

For each item or group of items, write the name of the person or people who should have it. Think about:

1. Your spouse or spouses, and what they will need to live on.
2. Your children, including young ones, those from an earlier relationship, and any who are away or have special needs.
3. Others who depend on you, such as a parent, a younger sibling or a child you support.
4. A church, a school or a cause you want to remember, if any.

In Kenya, the court can step in if a will leaves people who depended on you without enough. So it is worth asking your advocate how your plan treats your dependants, before you sign.

Step 3: Choose an executor, and a second one

The executor collects the property, pays the debts and shares what is left as the will says. It is a big job, so choose someone honest, organised and likely to outlive you. Many people choose an adult child, a trusted relative, or an advocate.

Ask them first. Then name a second executor in case the first cannot or will not act. Write down both people's phone numbers.

Step 4: Decide who will look after young children

If your children are under 18, say who you would like to be their guardian. Talk to that person first, so it is not a surprise.

Step 5: Think about the wishes that are not about money

A will can also hold wishes for the funeral and where you would like to be buried, and a short message to the family. These matter a great deal to the people left behind, and they should not have to guess. If you want to know what a service involves, see what goes in a funeral programme.

Step 6: Get it signed properly

This is where many homemade wills fail. In Kenya, a will must be in writing, signed by you, and signed by at least two witnesses who watch you sign, at the same time. A witness should not be someone who receives something in the will, because that can cancel their gift. So do not ask your spouse or your children. Ask two neighbours, colleagues or friends who gain nothing.

An advocate will make sure the wording and the signing are right. That small cost is usually far less than the trouble a faulty will can cause.

Step 7: Keep it safe, and tell the right people where it is

A will nobody can find is no use. Decide where the signed original will be kept: with your advocate, at your bank, or in a safe place at home. Ask your advocate whether it can also be lodged with the High Court registry. Tell your executor where it is, and keep a copy of the advocate's name and phone number with your papers.

Review the will whenever life changes: a marriage, a birth, a loss, a new property or a business sold. A will written ten years ago may no longer say what you mean.

A checklist to take to the advocate

• My list of property, with where the papers are
• Who gets what
• My executor and second executor, with phone numbers
• Guardian for the children, if needed
• My funeral and burial wishes
• Two people who could witness it, who gain nothing

Tell your family where everything is

Even a perfect will is hard to use if the family cannot find the papers. After you have written it, make one page for your family: where the will is kept, who the executor and advocate are, where the title deeds are, and who to tell first. It will help them far more than you may think.

In Album, your family's private album, there is a private section called Wishes & assets for exactly this: where the signed will is kept, your executor and advocate, your assets and their papers, and your funeral wishes, and you choose who may open it and when. You can look at the demo album first. It does not replace a signed will, it just helps your family find everything.