Can a witness inherit under a will, and does marriage cancel a will?
Law of Succession Act · sources read 4 Oct 2026
A gift in a will to a witness, or to a witness's husband or wife, is void unless two other independent witnesses also signed; the will itself still stands. Getting married cancels a will made earlier, unless the will says it was made in contemplation of marriage to that named person.
- Deadline
- 30 days from the Gazette notice of the grant application to file an objection.
- Where
- The Law of Succession Act, sections 13 and 19; disputes go to the court handling the succession case
Steps
- A gift to a witness stays valid if at least two more competent and independent witnesses also sign the will.
- The maker can cancel or change a will at any time while still able to make one, for example by making a new will after marriage.
- If you dispute a will in a succession case, you can file an objection before the 30-day Gazette notice period ends.
Watch out
- A gift to a witness does not make the will invalid; only that gift fails.
- The marriage exception only works if the will says it is made in contemplation of marriage to a specific named person.
- Apart from marriage, a will is revoked only by a later will or codicil saying so, or by burning, tearing or destroying it on purpose.
Who this covers
- Anyone of sound mind who is not a minor can make a will.
- The gift rule covers anyone who witnesses a will, and their husband or wife.
Official sources (2)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 4 Oct 2026
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026