Kenya Will & Estate Planning Guide

Estate Planning in Kenya at a Glance

Wills in Kenya are governed principally by the Law of Succession Act (Cap 160). A written will is generally expected to be signed by the person making it, or by someone else in that person's presence and at their direction, with the signature or mark made or acknowledged before two or more competent witnesses present at the same time. The Act also provides for oral wills, subject to significant limits. A dependant may apply to the court for reasonable provision out of the net estate, and grants of representation generally follow Part VII of the Act. Sections 2(3) and 2(4) address estates of people who were Muslim at the date of death, to which Islamic law may apply instead. These are general points only and you may wish to consult a qualified professional in Kenya.

• Law of Succession Act (Cap 160) sets the main formalities
• Two or more competent witnesses present at the same time
• Oral wills are recognised but subject to significant limits
• A dependant may apply for reasonable provision out of the net estate
• Islamic law may apply to the estate of a person who was Muslim at death
• No inheritance tax
• Grants of representation generally follow Part VII of the Act

Will Requirements in Kenya

Creating a will in Kenya typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Inheritance Tax in Kenya

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