Ask a lawyer:
what does the law of succession say about inheritance for adopted children and those born out of wedlock?
Inheritance Rights for Adopted Children and Children Born Out of Wedlock in Kenya
Table of Contents
Introduction
Legal Framework
Law of Succession Act
The Children Act
Inheritance Rights of Adopted Children
Legal Provisions
Case Laws
Inheritance Rights of Children Born Out of Wedlock
Legal Provisions
Case Laws
Conclusion
Sources
1. Introduction
In Kenya, the inheritance rights of adopted children and children born out of wedlock are governed by various legal frameworks, primarily the Law of Succession Act and the Children Act. These laws aim to ensure that all children, regardless of their birth circumstances, have rights to inheritance. However, there are nuances and specific provisions that address the unique situations of adopted children and those born out of wedlock.
2. Legal Framework
2.1 Law of Succession Act
The Law of Succession Act (Cap. 160) is the primary legislation governing inheritance matters in Kenya. It provides comprehensive guidelines on how the estate of a deceased person should be distributed among the beneficiaries, including children born out of wedlock and adopted children.
2.2 The Children Act
The Children Act, 2022, also plays a crucial role in defining the rights of children, including their inheritance rights. This Act emphasizes the best interests of the child and aims to protect children from discrimination based on their birth status.
3. Inheritance Rights of Adopted Children
3.1 Legal Provisions
Under the Law of Succession Act, adopted children are treated as biological children of the adoptive parents. Section 3(2) of the Act states that an adopted person is considered a child of the adopter for all purposes, including inheritance. This means that adopted children have the same rights to inherit from their adoptive parents as biological children.
3.2 Case Laws
Several case laws have reinforced the inheritance rights of adopted children in Kenya. For instance, in the case of In re Estate of M’Ngarithi M’Miriti (Deceased) [2017] eKLR, the court held that an adopted child has the same rights as a biological child to inherit from the adoptive parents' estate. This case underscores the legal position that adoption does not diminish a child's inheritance rights.
4. Inheritance Rights of Children Born Out of Wedlock
4.1 Legal Provisions
The Law of Succession Act also addresses the inheritance rights of children born out of wedlock. Section 3(2) of the Act provides that a child born out of wedlock is entitled to inherit from the father if paternity is established. This provision ensures that children born out of wedlock are not discriminated against in matters of inheritance.
Additionally, the Children Act, 2022, emphasizes that all children, regardless of their birth status, have equal rights. Section 94 of the Act states that a child born out of wedlock has the right to inherit from both parents, provided paternity is established.
4.2 Case Laws
The Kenyan judiciary has also addressed the inheritance rights of children born out of wedlock in various cases. In E.M.M. v. I.G.M. & Another [2014] eKLR, the court ruled that children born out of wedlock have the right to inherit from their father's estate once paternity is established. This case highlights the judiciary's commitment to upholding the rights of all children, irrespective of their birth circumstances.
5. Conclusion
In conclusion, Kenyan law provides robust protections for the inheritance rights of adopted children and children born out of wedlock. The Law of Succession Act and the Children Act ensure that these children are treated equally and fairly in matters of inheritance. Case laws further reinforce these legal provisions, demonstrating the judiciary's role in safeguarding the rights of all children.
6. Sources
By understanding these legal frameworks and case laws, individuals can better navigate the complexities of inheritance rights for adopted children and children born out of wedlock in Kenya.
Answered by mwakili.com