Succession law in Kenya governs how property and assets are passed on after someone dies. Families often face confusion when handling wills, inheritance disputes or probate applications. This guide explains the basics of succession law in Kenya in simple language so you can better protect your family’s interests and avoid common pitfalls.
What Is Succession Law in Kenya?
Succession law deals with how a person’s property is distributed when they die. The rules are found mainly in the Law of Succession Act (Cap 160) and the Constitution of Kenya 2010.
In plain terms: succession law decides who inherits, how they inherit, and what process to follow.
Wills and Testamentary Succession
A will is a written document where someone states how their property should be shared after death.
- Requirements for a valid will:
- Must be in writing.
- Signed by the person making it (the testator).
- Witnessed by at least two competent people.
Example: If James writes a will leaving his Nairobi home to his spouse and his car to his son, those wishes will be respected if the will meets legal requirements.
Revoking a will: A will can be cancelled if a new one is made, or if the testator marries (unless the will states otherwise).
Intestate Succession (Dying Without a Will)
If someone dies without a valid will, they are said to have died intestate. The law sets out how property is shared among dependants.
- Spouse and children: The surviving spouse gets household goods and life interest in the estate; children share equally after the spouse’s life interest ends.
- No children: The spouse inherits absolutely.
- No spouse/children: Property passes to parents, siblings, or other relatives.
Example: Mary dies without a will, leaving a husband and three children. The husband inherits household goods and a life interest in the rest of the estate, which later goes equally to the children.
Probate and Letters of Administration
Probate is a court process confirming that a will is valid. Letters of administration are granted when there is no will. Both documents give someone legal authority to manage the estate.
- Executor: Person named in a will to manage the estate.
- Administrator: Person appointed by the court when there is no will.
Typical probate timeline in Kenya: 3–12 months, depending on complexity, court backlogs, or disputes.
Common Challenges and Disputes
Succession often leads to disagreements within families.
- Informal wills: Verbal promises are rarely enforceable.
- Multiple marriages: Customary and statutory marriages may complicate succession.
- Unrecognised children: Adopted or unacknowledged children may be left out, leading to disputes.
- Property not declared: Hidden or contested assets delay the process.
Protecting Family Assets and Avoiding Pitfalls
- Always make a valid written will.
- Keep an updated list of assets.
- Include all dependants fairly to avoid disputes.
- Consult a lawyer for blended families or polygamous marriages.
What to Do Now — A Practical Checklist
- Write or update a will with legal guidance.
- List all your assets and liabilities clearly.
- Inform your executor/next of kin where documents are kept.
- Consider estate planning tools such as trusts for minors.
- Discuss openly with your family to prevent surprises.
- Seek legal advice if you are an executor or administrator.
- Act quickly after a death to secure property and begin the legal process.
- File probate or letters of administration at the relevant county court.
Frequently Asked Question
Q1: What happens if someone dies without a will in Kenya?
The estate is distributed under intestacy rules in the Law of Succession Act. The spouse, children, parents or other relatives inherit according to legal order of priority.
Q2: How long does probate take in Kenya?
On average, probate or administration can take 3–12 months, depending on disputes, asset size, and court workload. Complex estates may take longer.
Q3: Can customary law affect succession?
Yes. In some cases, customary law may influence inheritance, especially in polygamous families. However, the Constitution and the Law of Succession Act prevail where conflicts arise.
Q4: Do adopted children have inheritance rights?
Yes. Adopted children are treated the same as biological children under Kenyan law and are entitled to inherit from their adoptive parents.
Q5: Can a will be challenged?
Yes. A will can be contested if it was not properly signed, if the testator lacked mental capacity, or if fraud or undue influence is suspected.
Disclaimer
This article is general information and not legal advice. Please consult a qualified lawyer for guidance on your specific situation.
Call to Action
If you need help with wills, probate, or succession matters, contact KLP Advocates today. Speak to our team through our contact page to schedule a consultation.
