⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.
Kenya Will & Estate Planning Guide
Read about will creation and estate planning in Kenya. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.
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
Related Resources
What Happens Without a Will?
Read about intestacy rules and how an estate may be distributed if you die without a will.
Global Inheritance Tax Guide
Compare inheritance tax rates, thresholds and exemptions across countries.
Digital & Physical Will Signatures
How signing rules differ across jurisdictions and where digital signatures may be accepted.
Create a will with Kenya guidance
Our platform helps you create a will with structured prompts that incorporate Kenya rules at each step. Consult a qualified professional for advice on your circumstances.
Discuss This in the Community
Have questions about this topic? Join the discussion in our community forum. Get answers from verified professionals and other members.
We use cookies to improve your experience. See our Cookie Policy (opens in a new tab) for details.