Tuesday, December 18, 2012

How to write a Will: Part 2

Raw example of a Will


This is the last Will and Testament of (Name)____

Currently residing at (Full address)__________

Made on (date)____________________________

1. I hereby revoke all my former Wills, Codicils and Testaments made by me and declare this to my last Will.

2. I testify that I am an adult female/male of sound mind and holder of national identity card

( ID. Number)__________________________

3. I hereby declare this to be my last and final will.

4. I appoint (name)_______________________Currently residing at (full address and name) ___
to be the joint executors and trustees of this my last will and testament but if anyone or more of the above named persons should refuse to act, die before me, or die before the trusts hereof have been fully performed, then I appoint

(name)________________________________Currently residing at (full __________________address)___________

to be the executor of my Will and Testament in the place and instead of anyone or more of the above named persons, and the expression “my Trustee”, used throughout include the trustee for the time being, whether original or substitutional.

5. I direct the administrator to pay my just debts (as listed in Codicil II), funeral and other testamentary expenses, all succession duties, inheritance and death taxes, and all expenses necessarily incidental thereto, to be paid and satisfied by my Trustees as soon as is convenient after my death; to collect all my debts and outstanding

6. I give, devise and bequeath all my real and personal property of every nature and kind to the following: (List) All my property as listed here, to the following; Examples of properties to be distributed;

a. Land parcel Ruiru/Block18/9999 to _________________(Name)____________________

b. Unsurveyed plot at Kinoo share No.XYZ to_________(Name)____________________

c. Shares in Kenya Airways to______________________(Name)____________________

d. Motor vehicle registration No. KXD 400 to______(Name) ___________________

e. All my clothes, jewellery, ornaments to_____________(Name)____________________

7. I give the following properties to the following defendants

a. My wife/wives/husband: (Name(s) _________

b. My father (name) _____________________

c. My mother (name)____________________

d. My son (s) (name) ________List them_____

e. My daughter(s)(name) ______List them_____

8. I nominate, constitute and appoint __________(Name)_______________________________

Currently residing at (place) _______________ to be the guardian of my minor children. I direct the guardian of my minor children to raise them as Christians/Muslims according to the rules, customs, and teachings of the Bible/Islam.

9. In the event that any of my heirs should predecease me, then my estate should be divided among my remaining heirs according to (7) above.

10. It is my most earnest request to all my heirs that if any differences of opinion should arise between them as regards any of my assets whatsoever or as the ownership, character, value or otherwise, of the same or as to the meaning or true interpretation of anything contained in my Will, or Codicils, thereto, they shall settle is amongst themselves first, if not, the Trustees before resort to court.

In witness, whereof I, the said ____(your name)______ have signed my name on this _____(date)__________

Signed by the said____________________________

Signed by the Testator and published and declared as his/her last Will and Testament, in the presence of us both present together and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. (The witness can be the same person as the Executor/Trustee.)

Signature of Witness (1) ______________________

Name: ___________________________________

Address: _________________________________

Signature of Witness (2)______________________

Name: __________________________________

Address: _________________________________

For more information, consult your lawyer. In our next post, we shall look at retiringinto the unknown. 

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