+254 714 416 325
litigation@floraadvocates.co.ke
Malaso Africa Safaris logo
Home About Us Practice Areas Our Team Law Articles Contact Us

Menu

  • Home
  • About Us
  • Our Team
  • Practice Areas
  • Law Articles
  • Contact Us
Legal team in a modern office setting

Legal Insights

All Family LawSuccession Law
Flora Chebet
Jul 12, 2026

WHAT TO CONSIDER WHEN MAKING A WILL

1.The will should conform with the Laws of Kenya.

2.Wishes expressed in the will are intended to take effect upon death.

3.Any Person making a will should be an adult of sound mind .

4.A female adult of sound mind (whether married or unmarried)has the same capacity to make a will as does a male person.

5.A will is revocable. The maker of a will has the freedom to revoke his will.




Flora Chebet
Jul 12, 2026

ADVANTAGES OF MAKING A WILL

1.Maintaining control over property

One has freedom to decide how his property will be shared.


2.It enables the maker to appoint personal representatives of their own choice.

It enables the testator to choose personal representatives in whom he has confidence and who are familiar with the estate.


3.Administrative convenience

The administrators and executors receive their authority from the will and can immediately begin administrating the estate. Grant of probate confirms the authority.


4. Avoiding disputes over the estate.

By providing how and to whom property is to pass upon the testator’s death making a will avoids squabbles between heirs and survivors over estate.


5.Avoidding rules of intestacy.

The testator decides who inherits what from his estate instead of leaving this important decision to be made by other people after his death. The rules of intestacy ensure the next of kin of the deceased benefit from his estate ,sometimes the shares of the estate which the next of kin receives are unsuitable in the circumstances.


6Benefiting persons outside the immediate family.


7.Appointement of testamentary guardians.

A will enables a a parent who has minor children, if they so wish ,to appoint a guardian to take parental responsibility for the children should he/she die while the children are minor.


8.It allows the maker to give directions regarding disposal of the deceased’s body.



Flora Chebet
Jul 12, 2026

Grounds For Divorce

1.One or more acts of adultery committed by  the other party. Voluntary engagement in sexual relations with a third party who is not her /his spouse.

2.Cruelty by the other spouse Whether mental or physical, inflicted by the other party on the petitioner or on the children, if any, of the marriage.

3.Desertion by either party for at least 3 years Desertion is a voluntary ,unjustified and final separation of one of the married parties from the other with an intention to terminate the marriage or an unjustified refusal to resume suspended cohabitation.

4.Exceptional depravity by either party Courts have defined this to mean spouses have reached a point of being unable to live together happily for reasons which may seem trivial to an outsider but have a huge impact on their lives and it is unreasonable to continue to bear them.

5.The irretrievable breakdown of the marriage. According to the Court Of Appeal this means a situation where one or both spouses are no longer able or willing to live together and  the marriage is destroyed.

NOTE: To file a divorce petition one MUST have a MARRIAGE CERTIFICATE


logo

Useful Links

  • About Us
  • Our Team
  • Legal Insights
  • Practice Areas
  • Privacy Policy

Quick Contact Info

  • Office

    General Conference Building,
    3rd Riverside Drive, 2nd Floor, Kenya.
  • Phone

    +254 714 416 325
  • General

    litigation@floraadvocates.co.ke

© Flora C & Company Advocates 2026.