Skip to main content

Do It Yourself Wills-6 Steps to Making a Will Legal

Making of a Simple Will

Making of a will is an important process for avoiding conflicts, which may occur after death. It is a public document and as such, emotional issues or information which may embarrass the family should be avoided. Here is a guide on how to make a will legal.

Step 1: Get a piece of paper and a pen, or open a document on your computer.

Step 2: Write: " I (fill your name here) or Box (fill your address here) and state you are an adult of sound mind"

Step 3: Declare invalid any previous wills in this way: " I, ( name here) revoke all wills, testamentary dispositions and/or codicil previously made by myself wherever and whenever they may be found, and declare this to be my last will and testament."

Step 4: Make provisions for the payment of debts and expenses by stating: " I direct that the executor pay all my just debts and liabilities, including funeral expenses, from my assets."

Step 5: Name your beneficiaries: " I devise and bequeath all the funds held in my account ( fill in account number and bank name) to ( fill in your chosen beneficiary)." You can also say: " All my interests in my account ( fill in account number and bank name) should be inherited by ...." If it is land you are bequeathing, substitute the account number for the parcel number of the land, and so on for all the assets you wish to give. If you have multiple beneficiaries, name them and include what part of your assets you are giving to them. Include all your assets and describe them clearly.

You can also include assets which you may acquire after death, and how you want the same to be inherited. "Any residue of my estate not included in this will to be shared equally among my three children," for example. If you have very young children, you can appoint a person to be the guardian of the minors and hold the property in trust for them.

Step 6: Sign and date the will and have two witnesses also sign. You can include the place the will was signed. If the will is composed of many pages, it is advisable to sign each. Remember, if the will is disputed, the witnesses may be called in to testify. Nowadays , you can make your will online. with an easy to use software, you can have a simple will that is valid in your state or country all printed up and ready to be witnessed.

Note: The person making the will must be an adult of sound mind. Any person challenging the will on these grounds must provide medical evidence to prove so. A will can be kept in safe custody with the bank, executor, an advocate or a trusted person with clear instructions on whom should be given the will upon the death of the person making the will.

I have received a number of questions in regards to wills. Here are some researched answers to the most common ones (note: this may not be binding in all the regions, so be sure to consult your lawyer.)

Can one revoke a will, or am I bound by it forever?
Yes, you are allowed to revoke or even alter your will. However, the Law of succession Act provides for three instances in which one may revoke a will: If it is destroyed, if another will is written to revoke the previous will, and if the maker marries, unless of course, he made the will in contemplating of marriage.

If a person makes a will but later wishes to alter its contents, how does one go about this?
It is important to note that once it is made, the will remains the same. However, should the maker wish to alter it, he or she does it through a document referred to as a codicil, which will be attached to the original will. A codicil is a document made in relation to a will, explaining, altering or adding to its content. The codicil should also be signed by the maker of the will.

Are oral wills valid?
In some countries such as Kenya, oral wills are recognized. For an oral will to be valid. It has to be made before two or more competent witnesses. Also, it is not valid if the maker is still alive three months after making it. The rationale behind the three-month period is that it is difficult for one to recall what was exactly said as time passes by. It must also be made in the presence of two competent witnesses. Competent witnesses are defined in the Law of Succession Act as adults of sound mind.

If the maker of the will dies before signing it, is the will valid?
A will is only valid if the maker of the will has signed, affixed his mark to the will, or it has been signed by another person in their presence, and through the direction of the will maker.

Comments

Popular posts from this blog

How to Verify Your Land Title Deed is Genuine

Cases of forged title deeds are on the increase. Therefore, people are losing money to con men as they are taken advantage of due to their ignorance regarding land transaction matters. While thinking of owning land, it is vital to be aware of how you can verify a title deed before investing your hard earned cash.

As you plan to commit your money to buy and construct your dream home, verify that, the seller is the genuine owner, the land exists and is free from restrictions. Also be sure that you are not buying land on a road or railway reserve and above all, that the title deed is genuine.

How farmers can double their bean yield production

"As Jack slept, the beans germinated in the soil, and by morning a big beanstalk grew in their place. When Jack saw the great beanstalk, he immediately decided to climb..." This is a classic scenario of 'Jack and the Beanstalk' fairy tale. The same is true for Kenya's bean variety that climbs and spreads on sticks producing double the yield of local varieties.

Due to subdivision of land in Kenya, farmers are not able to produce enough beans to feed the 38.6 million people living in Kenya.This is mainly due to shrinking land sizes. This is the reason why high yielding varieties of beans that only need a small area to grow has been developed. These new varieties of beans require support with stakes (sticks) to climb on when they are growing.


The beans can grow up to a height of 3.5 meters. The long stems of this variety of beans enable it to produce more pods as compared to the normal bean varieties (bush bean).   With good management climbing beans can produce u…

Herbal Plants used for Alternative Medicine with no side effect

In a sad note, most indigenous informants keep herbal knowledge, especially the actual preparation methods, strictly secret. Luckily, an aged medicine man from Gatundu in Central Kenya, whose great knowledge of medicinal plants facilitated the write-up of this article.
In part one of this article, plants are grouped according to their medicinal use. According to the aged medicine man, simply boil the leaves, roots or the bark; add honey or milk or soup to sweeten the concoction. He recommends taking a glass in the morning and in the evening for preventive measures. 
He cautions on their medicinal uses which should be considered as neither preparation methods nor dosage prescription are provided. This is a topic that would require much more time and I have decided to leave it for part two of this article.
Best Herbal Plants for alternative Medicine with no side effects

I have grouped their medicinal uses in three parts which are,       Alternative medicine for preventive measuresHerbal …