Kenyans have witnessed so many sagas revolving around wills and inheritance. The aftermath has left families at a really trying time as everyone wants a piece of the cake. A will is a legal document declaring one’s wishes and intent concerning the disposal of their property after death.
The Daily News
Both men and women can write wills documenting how they property is to be distributed when they are no more. Below are mistakes to avoid when writing a will to ensure there are no loopholes.
Writing a will before marriage
This is a common mistake people make as they are unaware that a will written before marriage is deemed null and void. This is because marriage changes the status of the will bearer by introducing other dependent members including the wife and kids.
Under Kenyan law, It should be noted that a will is not revoked if it was written with your specific marriage partner in mind.
Supposing your ‘come we stay partner’ as a legal heir
We have so many come-we-stay couples in Kenya. It may come as a total shock to many but a come-we-stay partner will get absolutely nothing in your will as they are not legal heirs. So if you don’t want your partner to be left empty handed ensure that you legalize your marriage beforehand. It is the only way the law will know that he or she is a legal heir of the deceased.
Not having a proper witness
Writing a will should be handled in the most sensitive of ways. You should involve two or more trusted witnesses who will be able to testify to your will in honesty.Witnesses must be present for the signing of the document, adding of the thumb print and signing of the will .
It is advisable to have written will as opposed to oral wills as written wills have an upper hand and are more plausible.
Changing your will
A will written ,signed and having witnesses is not easily changed. Any changes to the will are done legally through codicils, a formal kind of alteration that must follow the same guidelines as a will. If the changes become too many , it is advisable to write a fresh will to avoid any future disarray.
Omitting children born out of wedlock as heirs
According to the High Court, children born out of wedlock are still children of the deceased man and are rightful heirs of his will.
It is just righteously correct to involve all your kids in the will to avoid any sibling rivalry and family feuds after your death.