What makes a will valid
Law of Succession Act · sources read 2 Oct 2026
Any adult of sound mind can make a will, and a woman has the same right as a man. A written will must be signed or marked by the maker and witnessed by at least two competent witnesses who saw them sign; an oral will is valid only if made before two witnesses and the maker dies within 3 months.
- Deadline
- An oral will is valid only if the maker dies within 3 months of making it (longer for members of the armed forces or merchant marine who die during the same active service).
- Where
- The High Court, or a magistrate's court for estates within the magistrate's money limit (the court handling the succession cause).
Steps
- Sign the will or put your mark on it. Someone else may sign for you, in your presence and on your direction.
- Have at least two competent witnesses who each saw you sign (or heard you acknowledge your signature). Each must sign the will in your presence; they don't need to be there at the same time.
- Avoid using someone who inherits under the will, or their spouse, as a witness, unless two more independent witnesses also sign.
- Disputes about whether a will is valid are decided by the High Court, or a magistrate's court for smaller estates.
Watch out
- A gift to a witness or the witness's spouse is void unless two other independent witnesses also signed. The will itself still stands.
- An oral will does not count where it contradicts a written will that has not been revoked.
- The maker is presumed to have been of sound mind. Whoever says otherwise has to prove it.
Who this covers
- Anyone of sound mind who is not a minor.
- Women, married or unmarried, have the same capacity to make a will as men.
Official sources (1)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 2 Oct 2026