Ask a lawyer:
What happens if I die without a will?

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M-Wakili Response

If you die without a valid 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 determine who inherits your property and in what proportions.

Intestacy
Distribution of Property under Intestacy
Case Laws

1. Intestacy

Intestacy refers to the situation where a person dies without a valid will. In such cases, the Law of Succession Act provides a framework for the distribution of the deceased's estate.

2. Distribution of Property under Intestacy

The distribution of property under intestacy is governed by the following principles:

Spouse: The surviving spouse is entitled to inherit a portion of the estate, depending on the presence of children.
Children: The deceased's children inherit the remaining portion of the estate.
Parents: If there are no children, the deceased's parents inherit the estate.
Siblings: If there are no children or parents, the deceased's siblings inherit the estate.
Other Relatives: If there are no children, parents, or siblings, the estate is distributed to other relatives in accordance with the rules of consanguinity (blood relationship).

2.1. Specific Distribution Rules

The Law of Succession Act provides specific rules for the distribution of property in different scenarios:

Spouse and Children: If the deceased leaves a spouse and children, the spouse inherits one-third of the estate, and the children inherit the remaining two-thirds.
Spouse and No Children: If the deceased leaves a spouse but no children, the spouse inherits the entire estate.
No Spouse and Children: If the deceased leaves no spouse but has children, the children inherit the entire estate.
No Spouse, Children, or Parents: If the deceased leaves no spouse, children, or parents, the estate is distributed to the deceased's siblings.

3. Case Laws

3.1. Re: Estate of Njuguna (2010) eKLR

Parties: The case involved a dispute over the distribution of the estate of a deceased person who had died intestate.
Outcome: The court held that the distribution of the estate should be guided by the provisions of the Law of Succession Act, and that the surviving spouse was entitled to a portion of the estate.

3.2. Re: Estate of Kamau (2015) eKLR

Parties: This case involved a dispute over the inheritance of property by the deceased's children.
Outcome: The court ruled that the children were entitled to inherit the estate in accordance with the provisions of the Law of Succession Act.

3.3. Re: Estate of Otieno (2018) eKLR

Parties: This case involved a dispute over the inheritance of property by the deceased's siblings.
Outcome: The court held that the siblings were entitled to inherit the estate in accordance with the provisions of the Law of Succession Act.

Conclusion

It is important to note that the distribution of property under intestacy can be complex and may vary depending on the specific circumstances of the case. It is advisable to consult with a lawyer to ensure that your estate is distributed according to your wishes.

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