Writing a will is essential as it helps one digitalize and control how their assets and liabilities will be distributed and dealt with upon their demise. It is important for all adults to have wills that state their wishes on how this will be done.
It is very important for one to write a will during their lifetime as it helps to reduce cases of disputes amongst family members upon the demise of the testator. This is because the will clearly indicates the wishes of the deceased, including any conditions that the deceased may wish to set out concerning the distribution or before allocation of assets to certain persons.
Further, a Will is very important in that it gives the maker peace of mind during their lifetime, knowing that they have clearly set out their affairs and, in a way, are in control of what will happen to the assets they will leave behind upon their demise. Thus, no surprises should spring up in that area.
Salient Features of a Valid Will
When writing a will, it must clearly state the assets of the testator and how these assets and liabilities should be divided upon the death of the maker of the will. It’s also advisable to include in the document an executor(s) mandated with the role of distributing the deceased’s assets as per the wishes of the deceased. The mandate states clearly what the executor will do, and where there are gaps or questions on the mandate, the law comes in to deal with the same.
The Will must also be witnessed by at least two witnesses.
Common Misconceptions About Writing a Will in Kenya
Many people assume that a verbal will can indefinitely apply to their estate. Whereas the courts will recognize the existence of an oral will, its application is only for a short time, depending on the time lapse between when the same is made and the time the testator dies. That is why a written will is always a better option.
Properties will automatically pass on to one’s spouse upon the owner ‘s demise. In most cases, this is the case, but in some cases, such as where the deceased died intestate, other family members can also seek to get those properties or assets.
A will once written cannot be corrected. In law, a will is recognized as a living document and can be amended or changed by the maker at any time and as many times as may be necessary to reflect changing circumstances, wishes, etc, so as to give the maker peace of mind and also take into consideration the actual subsisting status of all concerns.
Some people believe that once they do their wills, they will most likely die soon thereafter. This is a myth that does not hold any water, as people have lived for many years long after doing their wills.