Intestate Succession Law. Rules of Intestate Succession in Kenya.
What Is Intestate Succession Law? Rules of Intestate Succession in Kenya.
Intestate succession is a legal process that occurs when a person dies without leaving a valid will. In such cases, the deceased person’s property and assets are distributed according to the laws of intestacy.
These laws vary depending on the jurisdiction, but they generally follow a hierarchy of relatives who are entitled to the deceased person’s assets.
The process of intestate succession typically begins with the appointment of an administrator, who is responsible for managing the deceased person’s estate.
The administrator will identify all of the deceased person’s assets, pay any outstanding debts or taxes, and distribute the remaining assets to the heirs according to the laws of intestacy.
The laws of intestacy typically prioritize the surviving spouse and children of the deceased person, followed by other relatives in a specific order of priority. If no surviving relatives can be found, the assets may be taken over by the state.
It is important to note that intestate succession can be a complex and time-consuming process, and it may not always result in the distribution of assets in a way that the deceased person would have wanted.
To avoid this, it is generally recommended to create a valid will and update it regularly to reflect any changes in personal circumstances or preferences.
Who Are The Beneficiaries Of Intestate Succession In Kenya?
In Kenya, the beneficiaries of intestate succession are determined by the Law of Succession Act. The Act sets out a hierarchy of beneficiaries who are entitled to the deceased’s property in the absence of a will.
If the deceased is survived by a spouse and children, the spouse is entitled to a life interest in one-third of the deceased’s estate, while the remaining two-thirds are divided equally among the children.
If the deceased is survived by a spouse but has no children, the spouse is entitled to the entire estate.
If the deceased is survived by children but no spouse, the children are entitled to an equal share of the estate.
If the deceased is not survived by a spouse or children, the estate is distributed among the deceased’s parents, siblings, grandparents, aunts, uncles, and cousins in that order of priority.
Any person can apply for a grant of letters of administration, but priority is given to beneficiaries in the order of consanguinity. This means that the surviving spouse has the first priority, followed by the children, then the parents, siblings, and other more distant relatives in order of priority.
Rules of Intestate Succession in Kenya
Under Kenyan law, the rules of intestate succession determine how a deceased person’s property is distributed in the absence of a valid will.
If the deceased left no surviving spouse or children, the intestate property will be transferred to the surviving parents in the following order of priority:
- Father – if he is deceased, then
- Mother – if she is deceased, then
- Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares. If there are no surviving siblings or their children, the estate will pass to more distant relatives in order of priority.
It is important to note that the law of intestacy may vary depending on the specific circumstances of each case and the applicable laws of the jurisdiction where the deceased resided.
It is therefore advisable to seek legal advice to understand how the rules of intestate succession apply in your situation.
What Are The Rules For Succession?
The rules of succession refer to the legal guidelines that determine how property, assets, or titles are passed down from one generation to another or from one individual to another in the absence of a will.
In general, the rules of succession vary depending on the jurisdiction and may be influenced by cultural, religious, or historical factors. In some cases, the rules of succession may follow a specific order of priority, which could be based on age, gender, or seniority within the family.
For instance, in some jurisdictions, the right of succession may belong to the eldest son of the reigning sovereign, followed by the eldest son of the eldest son, and so on.
In other cases, children may represent their deceased ancestors, and the senior line of descent may take precedence over the junior line, within each gender.
It is important to note that the rules of succession may change over time, and some jurisdictions may allow individuals to opt out of the traditional rules of succession through legal means such as creating a will or entering into a trust agreement.