Ask a lawyer:
what does the law of succession say about inheritance for adopted children and those born out of wedlock?
The Law of Succession Act in Kenya provides for the inheritance rights of adopted children and those born out of wedlock.
Table of Contents
Inheritance Rights of Adopted Children
Inheritance Rights of Children Born Out of Wedlock
Case Laws
Inheritance Rights of Adopted Children
The Law of Succession Act (Cap. 160) provides for the inheritance rights of adopted children. Section 39 of the Act states that an adopted child shall be entitled to inherit from the adopting parent as if he or she were a child born to the adopting parent in wedlock. This means that an adopted child has the same inheritance rights as a biological child of the adopting parent.
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Inheritance Rights of Children Born Out of Wedlock
The Law of Succession Act (Cap. 160) also provides for the inheritance rights of children born out of wedlock. Section 40 of the Act states that a child born out of wedlock shall be entitled to inherit from his or her father as if he or she were a child born to the father in wedlock. This means that a child born out of wedlock has the same inheritance rights as a biological child of the father.
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Case Laws
Case Laws on Inheritance Rights of Children Born Out of Wedlock
Civil Appeal 121 of 2018 (Source: Kenya Law ↗) - This case involved a Muslim man who had children born out of wedlock. The court ruled that the children were entitled to inherit from their father under the Law of Succession Act, despite the fact that they were born out of wedlock.
Succession Cause (P&A) 58 of 2020 (Source: Kenya Law ↗) - This case involved a man who died intestate, leaving behind a wife and children born out of wedlock. The court ruled that the children born out of wedlock were entitled to inherit from their father under the Law of Succession Act.
Civil Appeal E043 of 2022 (Source: Kenya Law ↗) - This case involved a man who died intestate, leaving behind a wife and children born out of wedlock. The court ruled that the children born out of wedlock were entitled to inherit from their father under the Law of Succession Act.
Case Laws on Inheritance Rights of Adopted Children
Succession Cause 2360 of 2010 (Source: Kenya Law ↗) - This case involved a woman who had adopted a child. The court ruled that the adopted child was entitled to inherit from the adopting parent under the Law of Succession Act.
In conclusion, the Law of Succession Act in Kenya provides for the inheritance rights of adopted children and those born out of wedlock. The Act ensures that these children have the same inheritance rights as biological children. This is in line with the Kenyan Constitution, which guarantees the right to equality and non-discrimination.
Answered by mwakili.com