In African tradition, it was common for an elder to call his sons to his deathbed and verbally declare who would inherit which piece of land. In modern Kenya, however, relying on an Oral Will is a recipe for disaster.

While the Law of Succession Act does recognize Oral Wills, it places extremely strict conditions on them. If these conditions are not met, the court will ignore your wishes completely.

The Strict Rules for an Oral Will

For an oral will to be valid:

  1. Time Limit: It is only valid if the maker dies within 3 months of making the statement. If you make an oral will and survive for 4 months, the will becomes invalid.
  2. Witnesses: It must be made in the presence of at least two competent witnesses.
  3. Conflict: If there is any conflict between what the witnesses heard (e.g., one says "He gave the farm to John" and the other says "He gave it to Mary"), the will is declared invalid.

Why Written Wills are Superior

A Written Will brings certainty. It does not expire after 3 months. It clearly lists all assets and beneficiaries. Most importantly, it names an Executor—the person you trust to carry out your wishes.

For a written will to be valid, it must simply be:

  • Signed by the maker (Testator).
  • Signed by two witnesses who are present at the same time.
  • Crucial Tip: Witnesses should not be beneficiaries. If your wife witnesses your will, she may lose her inheritance.

The "Void" Trap

We often see homemade wills that are declared "Void" because they weren't witnessed properly or were vague. A lawyer ensures your Will uses the correct legal terminology to prevent loopholes.

Secure Your Legacy.
Don't leave your family guessing. Let Wanyoike & Partners help you draft a watertight Written Will that ensures your property goes exactly where you want it to.