The Importance of Writing a Will

Why Should I Write a Will?

Writing a will is a very sensitive, emotive and controversial subject especially in the African context. People view discussions about writing a will or death as a bad omen similar to inviting death into our lives. 

Many people ask certain fundamental questions such as:

1. Is it necessary to write a will? 

2. How will my family benefit from my will in case I write one? 

3. What is required for one to write a will? 

These and many other confounding questions reveal that many people don't know what a will is all about. You have heard or witnessed numerous cases of children, siblings or wives fighting over the property of the deceased. 

This article will focus on the meaning of a will,  myths and facts about writing a will,  and what is required to write a will. 

1. What is a will?

A will is a legal document with a set of instructions that specify who should inherit what asset in the event of your demise. 

2. What makes people not to write a will?

i. It is considered a Western concept that is not meant for Africans. It invites death. 

ii. It is for the rich. 

iii. One can wait till he or she gets a lot of wealth. 

iv. No need to worry because one has a small family or is single, divorced or separated.

v. My wife and children know what to do in case of anything. 

3. What are the facts about the importance of writing a will?

i. A will is not a Western concept per se; oral wills existed and were executed in many African societies. The youngest son,  for instance,  inherited the matrimonial property and took care of ageing parents. 

ii. A will isn't for the rich. Whether you've little or a lot of property you need a peace of mind knowing that your loved ones are well taken care of instead of courting conflicts. 

iii.  You don't need to wait till you're rich to write a will. 

iv. A will once written can be amended regularly.

v. No matter the size of the family,  everyone needs a will. 

vi. Writing a will is one way of protecting your assets from predators. 

4. Where do I start from?

i. Consult a lawyer for guidance. 

ii. List all the assets or properties, movable and immovable, cash and cash equivalents,  paper assets, savings and liabilities/debts you owe and/ or are owed. 

iii. Provide the identity of bank accounts, ID No., KRA PIN, ATM PIN, Mpesa PIN, user names and passwords of emails and social media platforms etc. 

iv. Determine how the property will be shared.

v. Identify the executors (administrators of your estate), guardian (the caretaker of children under 18) and witnesses. 

N.B. 

Once written, a copy of the will may be kept at the advocate's office,  bank,  given to a trusted family member,  guardian or executor. Any person above 18 years and of a sound mind can write a will. 

Above all, dying intestate, without a will,  is an embarrassment not only to your family but also your integrity because your legacy may be in turmoil. Remember, you cannot write a will to exclude legitimate beneficiaries like your wife and children. Also,  a will can be challenged in court in case it is found to be unfair and discriminatory. 

Task. Have you written a will? If yes, congrats and keep it updated. If not,  it isn't  late,  take heed and write one as soon as possible. 

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