1. How can a will be changed by a testator? Discuss.

(3Marks)

Section 20 of the LSA Cap 160 identifies that a will can be changed through alteration provided
that such changes are made before the execution of the document. However, if these changes are
made post-execution they should be signed and attested to as a written in accordance to Section
11.

In furtherance of grasping an understanding on Section 20 it is paramount to highlight two main

scenarios that arise during alterations;

i. Whether the alterations were made before the execution of the document, here these
alterations are free from the constrictions of Section 20 hence the alterations are deemed fully
valid. All alterations should however be duly executed. This is necessary to rebut the
presumption as to the time of alteration that creates questions as to whether the unattested
alteration was made after the execution of the will.1
ii. Where the alteration has been made to a duly executed will, the provisions of Section 20
dictate that the signature of the testator and witnesses should be made in the margin or in
parts that are near the alteration. The testator may instead include the alterations made in a
written memorandum at the end or on some part of the will.2
iii. Typed or printed documents shall exhibit a presumption that the alterations have been
executed when the blank spaces have been filled.3

References
Statutes
Law of Succession Act Cap 160

Online Journals
‘Commissions on the Laws of Marriage and Succession in Kenya’ (1967) 11 Journal of African
Law 1.

1
‘Commissions on the Laws of Marriage and Succession in Kenya’ (1967) 11 Journal of African Law 1.
pg. 154
2
Law of Succession Act Cap 160, 2 S.20(1)
3
Ibid 2 S.20(2)