Navigating the Law of Succession in Kenya

Inheritance and succession matters in Kenya are primarily governed by the Law of Succession Act (Cap 160). This Act outlines the procedure for the administration of estates of deceased persons, whether they died testate (with a will) or intestate (without a will).

Testate Succession: The Importance of a Will

Writing a will is the most effective way to ensure your property is distributed according to your wishes. Under Kenyan law, a valid will must be in writing and signed by the testator in the presence of two or more competent witnesses.

If a person dies with a valid will, the executors named in the will must apply for a Grant of Probate to legally administer the estate. This process confirms the validity of the will and authorizes the executors to distribute the assets.

Intestate Succession

When a person dies without a will, the rules of intestacy apply. The court will appoint administrators (usually the spouse or children) through a Grant of Letters of Administration. The Law of Succession Act provides a hierarchy of beneficiaries:

• Spouse and Children: The surviving spouse is entitled to the personal and household effects and a life interest in the residue of the estate. Children are entitled to the estate upon the termination of the life interest.
• Polygamous Households: The estate is divided among the houses according to the number of children in each house, adding the wife as an additional unit.
• Dependents: The law also protects dependents who were being maintained by the deceased immediately prior to their death.

Common Challenges in Succession

Disputes often arise regarding the validity of wills, the appointment of administrators, or the distribution of assets. It is crucial to have legal representation to navigate the court processes and mediate family disputes.

Larpei & Company Advocates provides compassionate and expert legal guidance in drafting wills, setting up family trusts, and handling probate and administration causes in court.