While the legal framework under the Law of Succession Act is designed to provide a clear pathway, successfully navigating the process of Application to confirmation of grant, it is not always a walk in the park. The journey from obtaining a grant of representation to the final distribution of assets can be unexpectedly derailed. Just
Revocation and Annulment of grants Read More »
Succession and Estate Planning
In the Spreme Court Petition No. E035 of 2023 – Fatuma Athman Abud Faraj v. Ruth Faith Mwawasi & 2 Others, the central issues revolved around a succession dispute involving the estate of a deceased Muslim man, Salim Juma Hakeem Kitendo, and raised questions on: Inheritance rights of children born out of wedlock, and The
Reconciling Faith and Equality- Supreme Court Settles Debate on Muslim Succession Read More »
Legal Updates, Succession and Estate Planning
Written by : Njeri Ndirangu Limited grants are those grants issued for a specific purpose and for a limited duration, pending the issuance and confirmation of a full grant of representation. They do not confer full powers of administration and are typically used to preserve the estate or enable specific actions where delay would
Types of Limited grants in Law of Succession Read More »
Succession and Estate Planning
Life interest arises in cases of intestacy—that is, when a person dies without leaving a valid will—and is survived by a spousewith or without children. The Law of Succession Act (Cap. 160 of the Laws of Kenya) provides the legal framework for how life interest operates in such situations, outlining the rights of the surviving
Understanding Life Interest in Succession Law in Kenya Read More »
Succession and Estate Planning
The death of an individual often triggers the legal process of succession, where the deceased\’s property is identified, administered, and distributed according to the Law of Succession Act (Cap. 160) of Kenya. However, not all assets held by the deceased are subject to succession. Some pass independently through mechanisms such as survivorship, nomination, or trusts.
Drawing the Line: Properties Not Subject to Succession in Kenyan Law Read More »
Succession and Estate Planning
Dependancy is a fundamental concept in succession law, ensuring that individuals who relied on a deceased person for financial or other forms of support are not left destitute upon their passing. In Kenya, being excluded from a will as a dependant in not end of the road. The law recognizes that, in some cases, a
Rights of Excluded Dependants in Succession Law in Kenya (Issue 3) Read More »
Succession and Estate Planning
Testamentary Capacity In Kenya, a valid will must comply with the Law of Succession Act (Cap 160). One of the key legal requirements for a will to be considered valid include testamentary capacity as will be discussed in this issue. The applicable law on testamentary capacity is found at Section 5(3) of the Law of
The question of jurisdiction of the Magistrates’ courts in claims for adverse possession is one that, up until recently, remained a hot topic, open for discussion. While the question of jurisdiction is an expression of the law, a sampling of case law from the various courts demonstrates that no accord subsisted on the question whether