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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).
Read the law

Steps

  1. Sign the will or put your mark on it. Someone else may sign for you, in your presence and on your direction.
  2. 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.
  3. Avoid using someone who inherits under the will, or their spouse, as a witness, unless two more independent witnesses also sign.
  4. 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  • An oral will does not count where it contradicts a written will that has not been revoked.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)
  1. Law of Succession Act (Cap. 160) new.kenyalaw.org · read 2 Oct 2026

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