Professional statute overview
Enactment structure, operative effect and source provenance
01
Purpose and legislative effect
“An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness.”
An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness. A written will is one where the testator has signed or affixed his mark to the will, or it has been signed by another person in the presence of and by the direction of the testator. If a testator refers in a will or codicil to another written document that clearly identifies itself as the document referred to, that document is treated as part of the will or codicil. A bequest to an attesting witness or to the witness's spouse is void unless the will is also attested by at least two additional competent and independent witnesses, in which case the bequest is valid. A person is not disqualified from being a witness just because they are an executor of a will.
02
How the instrument operates
- 01
Start with the recorded version
As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
- 02
Locate the controlling provision
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- 03
Read conditions and exceptions together
Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
- 04
Verify currency and official wording
Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.
03
Research entry points
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An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness.
Section 10
No application under this Part shall be brought after a grant of representation in respect of the estate to which the application refers has been confirmed as provided by section 71.
Section 30
Section 52. Wilful and reckless statements in application for grant
Section 52
Section 76 — Revocation or annulment of grant
Section 76
Proceedings commenced under any written law or part thereof repealed by this Act must, so far as practicable, be continued under this Act.
Section 98
04
Source and current-law status
Source record view
Source record from new.kenyalaw.org · As at 31 Dec 2022
The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.