Ask a lawyer:
What happens if I die without a will?
If you die without a will in Kenya, your estate will be distributed according to the rules of intestacy as outlined in the Law of Succession Act. This means that the law will decide who inherits your property, rather than you.
Table of Contents
Intestacy
The Law of Succession Act
Distribution of Property
Case Laws
Intestacy
Intestacy is the legal term for dying without a valid will. In Kenya, the Law of Succession Act governs the distribution of property in cases of intestacy.
The Law of Succession Act
The Law of Succession Act was enacted in 1972 to address the problems concerning the succession regime in Kenya. It defines who can inherit the property of the deceased.
Distribution of Property
The Law of Succession Act outlines the specific order of inheritance for different family members. Here's a breakdown of how property is distributed when someone dies intestate in Kenya:
Spouse and Children: If the deceased leaves a surviving spouse and children, the spouse inherits the first Kshs. 10,000 or 20% of the estate, whichever is greater, and a life interest in the remainder of the estate. The children inherit the remaining property in equal shares.
Spouse and No Children: If the deceased leaves a surviving spouse but no children, the spouse inherits all of the deceased's property.
Children and No Spouse: If the deceased leaves children but no surviving spouse, the children inherit all of the deceased's property in equal shares.
No Spouse or Children: If the deceased leaves neither a spouse nor children, the property is distributed to the deceased's parents in equal shares. If one parent is deceased, the surviving parent inherits all of the property.
No Spouse, Children, or Parents: If the deceased leaves no spouse, children, or parents, the property is distributed to the deceased's siblings in equal shares. If one sibling is deceased, their share is distributed to their children.
No Spouse, Children, Parents, or Siblings: If the deceased leaves no spouse, children, parents, or siblings, the property is distributed to the deceased's grandparents in equal shares. If one grandparent is deceased, their share is distributed to their children.
No Spouse, Children, Parents, Siblings, or Grandparents: If the deceased leaves no spouse, children, parents, siblings, or grandparents, the property is distributed to the deceased's uncles and aunts in equal shares. If one uncle or aunt is deceased, their share is distributed to their children.
No Spouse, Children, Parents, Siblings, Grandparents, Uncles, or Aunts: If the deceased leaves no spouse, children, parents, siblings, grandparents, uncles, or aunts, the property is distributed to the deceased's cousins in equal shares.
No Heirs: If the deceased leaves no heirs, the property is distributed to the government.
Case Laws
Re: Estate of Njuguna [2003] eKLR: This case involved a dispute over the distribution of property in an intestate estate. The court held that the Law of Succession Act should be applied in a way that is fair and equitable to all beneficiaries.
Re: Estate of Kamau [2010] eKLR: This case involved a dispute over the validity of a will. The court held that a will must be properly executed and attested to in accordance with the Law of Succession Act to be valid.
Sources:
In conclusion, dying without a will in Kenya can lead to complications and disputes. It is crucial to have a valid will in place to ensure that your property is distributed according to your wishes. If you do not have a will, the Law of Succession Act will determine how your property is distributed. It is advisable to consult with a lawyer to create a will that meets your specific needs and circumstances.
Answered by mwakili.com