Writing a will-the must have content to protect your child

‘The Kenyan law does not allow you to disinherit (write a will that excludes your child from acquiring your property)’

The discussion about your will mostly makes you feel like someone is walking over your future grave; some cold air at the back of your neck and feelings of vainness about life. Well, as uncomfortable as the discussion may be, you must address it for the sake of your child, so that the consequences of your last certificate (death) can be made friendlier for them. This is usually done through a will.

Something important to note is that, unlike states such as New Jersey, the Kenyan law does not allow you to disinherit (write a will that excludes your child from acquiring your property). This makes the contents of your will revolve around the best interests of your child.

And for the will to serve your child with the least hitches possible, the following should be included:
o All your names in full. They should be in capitals and underlined.
o A statement indicating the document is a will.
o A guardian’s name—one or more alternate guardians in case your spouse dies while your children are still minors.
o The executor’s name—who will over see the payment of your debts and the distribution of any remaining assets from your estate after your death.
o Your signature.
o The date that you sign the will.
o The will should be laid out in paragraphs and numbered in order. The first words of each paragraph should be in block capitals and underlined. For example,
I REVOKE…. for emphasis and clarity.
o A sentence that cancels all previous other instructions you may have given—if you so wish.
o A sentence that appoints the person responsible for overseeing the enactment of the will.
o A sentence that states who gets how much money. Sums of money should be stated in words in underlined block capitals followed by the sum in brackets in figures.
o A sentence that states who gets which gift or item.
o A sentence that states who gets the gifts that are in form of freehold land or buildings.
o Have separate sentences that give your executor (who will oversee the distribution of your property) additional powers or excluding powers which the law gives them by default.

Note: It is important to have a lawyer to help you ascertain that the contents of the will are as per your desire.

Information is courtesy of Elaine Namachanja, an attorney of the High Court of Kenya.

END: BL24/14-15