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What happens if I die without a will?

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Introduction

In Kenya, the distribution of a deceased person's estate who dies without a will (intestate) is governed by the Law of Succession Act, Cap 160. This Act provides a comprehensive framework for the administration and distribution of estates in such circumstances. The primary objective is to ensure that the deceased's estate is distributed fairly among the surviving family members and dependents.

Legal Framework
- Law of Succession Act, Cap 160
- Relevant Articles and Sections
Definition of Intestacy
- Meaning of Intestacy
- Legal Implications
Hierarchy of Beneficiaries
- Surviving Spouse and Children
- Parents and Siblings
- Extended Family
Administration of the Estate
- Appointment of Administrators
- Duties and Responsibilities of Administrators
Distribution of the Estate
- Rules of Distribution
- Special Considerations
Conclusion

1. Legal Framework

Law of Succession Act, Cap 160

The primary legal framework governing intestate succession in Kenya is the Law of Succession Act, Cap 160. This Act outlines the procedures and rules for the administration and distribution of estates for individuals who die without a will.

Section 2: Application of the Act
Section 32: Property not Governed by the Act
Section 35: Provision for Surviving Spouse and Children
Section 36: Provision for Surviving Spouse without Children
Section 38: Distribution among Children
Section 39: Distribution in the Absence of a Spouse and Children

2. Definition of Intestacy

Meaning of Intestacy

Intestacy occurs when a person dies without leaving a valid will. In such cases, the deceased's estate is distributed according to the rules set out in the Law of Succession Act.

Section 34: Defines intestacy as a situation where a person dies without having made a will or a valid will.

Legal Implications

The absence of a will means that the deceased has not specified how their estate should be distributed. Consequently, the estate will be distributed according to statutory provisions, which may not align with the deceased's wishes.

3. Hierarchy of Beneficiaries

Surviving Spouse and Children

Section 35: If the deceased leaves a surviving spouse and children, the spouse is entitled to:
- The personal and household effects of the deceased absolutely.
- A life interest in the whole residue of the net intestate estate.
- Upon the death or remarriage of the surviving spouse, the estate is divided equally among the surviving children.

Parents and Siblings

Section 39: If the deceased leaves no surviving spouse or children, the estate is distributed to the next closest relatives in the following order:
- Father
- Mother
- Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares.

Extended Family

If there are no immediate family members, the estate is distributed to more distant relatives, such as:
- Grandparents
- Uncles and aunts
- Cousins

4. Administration of the Estate

Appointment of Administrators

Section 66: The court has the authority to appoint administrators to manage the estate. Priority is given to:
- The surviving spouse or spouses.
- Other beneficiaries entitled on intestacy, with priority given to the nearest relatives.

Duties and Responsibilities of Administrators

Administrators are responsible for:

Collecting and managing the deceased's assets.
Paying any debts and liabilities.
Distributing the remaining estate to the rightful beneficiaries.

5. Distribution of the Estate

Rules of Distribution

Section 38: If the deceased leaves children but no spouse, the estate is divided equally among the children.
Section 39: If there are no children or spouse, the estate is distributed to the next closest relatives as outlined above.

Special Considerations

Section 26: The court has the discretion to make reasonable provision for dependents who were not adequately provided for under the intestate rules. This includes:
- Former spouses.
- Children born out of wedlock.
- Any other dependents who were being maintained by the deceased prior to death.

Conclusion

Dying without a will in Kenya triggers the application of the Law of Succession Act, Cap 160, which provides a structured approach to the distribution of the deceased's estate. The Act ensures that the estate is distributed fairly among the surviving family members and dependents, following a clear hierarchy of beneficiaries. The appointment of administrators and the rules of distribution are designed to manage the estate efficiently and equitably, even in the absence of a will.