Joint Will and Testament Template

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Document Overview

A Joint Will is a single testamentary document made by two people (usually a husband and wife) that sets out how their estates will be distributed. It operates as a mutual agreement, binding on both testators, and usually provides that when one spouse dies, the surviving spouse inherits everything, and when the survivor dies, the estate passes to the children or other named beneficiaries.

In Kenya, wills are governed by the Law of Succession Act (Cap. 160, Laws of Kenya). For validity under Section 11:
1. The will must be in writing.
2. It must be signed by both testators.
3. It must be attested by at least two competent witnesses who are not beneficiaries.

Key Features of This Template:
1. Revocation of previous wills.
2. Appointment of executors and alternate executors.
3. Appointment of guardians for minor children.
4. Distribution of estate to surviving spouse.
5. Distribution to children upon second death or simultaneous death.
6. Optional trust for minors.
7. Funeral and burial instructions.
8. Digital asset management (M-Pesa, crypto, email, etc.).
9. Debts and liabilities settlement.
10. No-contest clause to discourage disputes.

NOTES:
1. Both spouses must sign the will in the presence of two witnesses.
2. Witnesses cannot be beneficiaries (or spouses of beneficiaries).
3. The will should be stored safely (lawyer, executor, safe deposit).
4. For complex estates (multiple marriages, business interests, or foreign assets), professional legal advice is recommended.
5. Witness and attestation section.

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Joint Will and Testament Template

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