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cap 257 laws of kenya explained

Table of Contents

1. Introduction

2. The Law of Succession Act (Cap. 257) 2.1. Intestate Succession 2.2. Testamentary Succession 2.3. Administration of Estates

3. Conclusion

Introduction

This response will provide an explanation of the Law of Succession Act (Cap. 257) of the Laws of Kenya. This Act governs the distribution of a deceased person's property, both real and personal, upon their death. It outlines the legal framework for both intestate (without a will) and testamentary (with a will) succession.

The Law of Succession Act (Cap. 257)

The Law of Succession Act (Cap. 257) is the primary legislation governing succession in Kenya. It outlines the legal framework for the distribution of a deceased person's property, both real and personal, upon their death. The Act is divided into two main parts: intestate succession and testamentary succession.

2.1. Intestate Succession

Intestate succession refers to the distribution of a deceased person's property when they die without a valid will. The Act outlines the order of priority for beneficiaries in such cases.

• Section 2 of the Act defines "intestate" as a person who dies without leaving a valid will.

• Section 3 of the Act outlines the order of priority for beneficiaries in intestate succession. This order is as follows:

  • Spouse: The surviving spouse is entitled to a share of the estate.

  • Issue: The deceased's children, grandchildren, and other descendants are entitled to a share of the estate.

  • Parents: If there is no spouse or issue, the deceased's parents are entitled to a share of the estate.

  • Siblings: If there is no spouse, issue, or parents, the deceased's siblings are entitled to a share of the estate.

  • Other Relatives: If there are no beneficiaries in the above categories, the estate will be distributed to other relatives in accordance with the Act.

• Section 4 of the Act provides for the distribution of the estate among the beneficiaries. The estate is divided equally among the beneficiaries in each category.

• Section 5 of the Act provides for the distribution of the estate when there are no beneficiaries in any of the categories outlined in Section 3. In such cases, the estate will be distributed to the government.

2.2. Testamentary Succession

Testamentary succession refers to the distribution of a deceased person's property according to their will. The Act outlines the requirements for a valid will and the process for its execution.

• Section 6 of the Act defines "will" as a legal document that expresses a person's wishes regarding the distribution of their property after their death.

• Section 7 of the Act outlines the requirements for a valid will. These requirements include:

  • The will must be in writing.

  • The will must be signed by the testator (the person making the will) or by another person on their behalf in their presence and under their direction.

  • The will must be attested to by two witnesses who are not beneficiaries of the will.

• Section 8 of the Act provides for the revocation of a will. A will can be revoked by the testator by making a new will, by destroying the original will, or by making a written declaration of revocation.

• Section 9 of the Act provides for the interpretation of wills. The court will interpret the will according to the testator's intention, as expressed in the will.

2.3. Administration of Estates

The Act also outlines the process for the administration of estates, both intestate and testamentary. This includes the appointment of an administrator or executor, the collection of assets, the payment of debts, and the distribution of the estate to the beneficiaries.

• Section 10 of the Act provides for the appointment of an administrator or executor. The administrator or executor is responsible for managing the estate and distributing it according to the will or the provisions of the Act.

• Section 11 of the Act outlines the duties of the administrator or executor. These duties include:

  • Collecting the deceased's assets.

  • Paying the deceased's debts.

  • Distributing the estate to the beneficiaries.

• Section 12 of the Act provides for the removal of an administrator or executor. The court may remove an administrator or executor if they are found to be unfit or incapable of performing their duties.

Conclusion

The Law of Succession Act (Cap. 257) provides a comprehensive legal framework for the distribution of a deceased person's property in Kenya. It outlines the order of priority for beneficiaries in intestate succession, the requirements for a valid will, and the process for the administration of estates. The Act ensures that the deceased's wishes are respected and that their property is distributed fairly and efficiently.

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