10 Good Reasons to Write a Will in Kenya
The idea of writing a will can seem morbid or something to worry about later in life. However, creating a will is one of the most important things you can do to protect your loved ones and ensure your final wishes are carried out after you’re gone. Wills offer significant benefits that make the process well worth it – at any age.
Here are 10 key advantages of having a legally valid will in Kenya:
1. Avoid Family Conflicts
Without a will, Kenyan law dictates how your assets must be distributed among family members after your death through the rules of intestacy. However, this rigid formula often leads to conflicts as families argue over who should get what. A will allows you to clearly outline how you want your property divided, preventing disputes.
2. Faster Estate Administration
The legal process of administering an estate when there is no will (intestate succession) is lengthier and more complex. With a valid will naming an executor, your wishes can be carried out relatively quickly and cost-effectively through smooth probate proceedings.
3. Ensure Assets Go to Intended Beneficiaries
A will gives you complete control over who inherits your property and assets. You decide exactly what portion each beneficiary receives instead of relying on the intestacy rules. This way, you can distribute your estate precisely as you see fit, even leaving gifts to non-relatives or organizations if desired.
4. Identify All Assets
Without a will, there is no clear way for your family to know about and locate all of your various assets and property after you die. Creating a will requires you to methodically document everything you own, ensuring nothing is missed or forgotten during estate administration.
5. Provide for Dependents
If you have any financial dependents, a will is absolutely critical to ensure they are provided for according to your wishes. This could include children, parents, a spouse, or other relatives who rely on your support.
6. Release Assets Gradually
Through a will, you can establish a trust fund that releases assets to beneficiaries gradually over time instead of immediately. This allows you to control how quickly an inheritance is paid out, which can be especially helpful for young recipients.
7. Name a Guardian for Children
If you are a single parent, your will allows you to hand-pick a legal guardian to care for your children in the event of your death rather than leaving this crucial decision up to the courts.
8. Choose the Executor
A will lets you personally select someone you trust as the executor to oversee and carry out your final wishes after you pass away. Without a will, the court appoints an administrator who may not understand your desires.
9. Document Burial Preferences
From your funeral ceremony specifics to body disposition wishes like cremation or organ donation, a will gives you a way to formally record all of your burial and memorial preferences to ensure they are respected.
10. Reduce Costs and Stress
Dying intestate (without a will) leaves room for family disputes, lengthy court proceedings and legal fees that quickly deplete your estate’s value. A properly executed will helps families avoid these courtroom battles over asset distribution.
Writing a will is an essential estate planning step no Kenyan should overlook, regardless of your assets or life stage. By taking the time now to create a legally valid will, you gain peace of mind knowing your loved ones will be provided for and your final instructions will be carried out as you intended.
Consult a qualified advocate in Kenya to start the will writing process and explore additional ways to protect your legacy. A small investment of time and money today can save your family significant heartache in the future.
Remember: The above is not specific legal advice for you. Always consult a lawyer to determine the best option for your specific situation
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