Every person, man or woman above 18 years of age and is of sound mind can make a will.

A deaf, dumb or blind person can make a will if he/she is of sound mind.

A person who is usually insane can make a will during times when he/she is sane.

It should be noted that a will is invalid if at the time the person making it did not understand what they were doing.

What does a will contain?

• All the names, address and age of the person making a will
• Name of the executor(s). This is a person who will ensure that the testator’s instructions in the will are followed. This can be any person that you choose, man or woman.
• Name and address of the person appointed as the heir.
• A list of the properties belonging to the person making the will.
• List of the children and the dependants
• Name of the wife/husband
• Names of persons who have received a share of the properties of the person making a will and what property has been given to each of them.
• Signature or thumbprints of the person making the will.
• Signature or thumbprints, names, addresses and occupation of at least two witnesses to the will.
• It should be noted that a will must be in writing and signed by the person making it and the witnesses.

• Upon the death of a person, a post-mortem report, death certificate, and or an LC letter confirming the death of such person should be obtained as proof of death.
• Hold a family meeting to appoint an administrator (s)
• Death of the person should be reported to the administrator general who will open up a file regarding the property of the deceased. A fee of 2000 shillings must be paid as a file opening fee.
• The administrator general will call a family meeting to confirm that you agree with the administrators chosen.
• The administrator general will then grant a certificate of no objection to those chosen to administer the estate.
• Application for letters of administration is by petition accompanied by the certificate of no objection from the office of the administrator general.
• Application for letters of administration must be advertised to the public in a local newspaper of wide circulation for a minimum of 14 days or in the Gazette.
• Any person who wants to object to the grant of letters of administration must notify the court advertising the application for the letters of administration within 14 days from the time the application was made.
• Upon receiving the objection, the court shall not grant letters of administration until it has heard the person objecting and determined whether or not they have good cause for the objection but if there is no reasonable ground, the court will go ahead and grant the letters of administration to the applicant.
• Where no objection is filed, at the expiry of 14 days court may grant the letters of administration to the applicant.
• The administrator (the person who has been granted the letters of administration) holds the property in trust for the beneficiaries and must distribute the property to the beneficiaries as stated in the will or as per the law within 12 months. 

The petition for letters of administration must state the following:

• The time and place of death of the deceased.
• The persons who survived the deceased.
• Why the petitioner is best placed to administer.
• List of properties left by the deceased.
• The value of the estate.
• Statements showing that the case falls within the jurisdiction of the magistrates’ court to which the petition was made.

The law of succession involves the management of the property of a deceased person. There are two ways to deal with a deceased person’s property depending on whether at death they had left a will or not.

The authority given to an executor/executrix (a person named in the will to distribute the property) is called a grant of probate

The authority given to an administrator (person given authority to distribute the property of a person who died without a will) is called letters of administration.