Family and Succession Law

It is governed by several key pieces of legislation: 

• The Law of Succession Act (Cap 160): This is the principal law governing the distribution of a person's estate after they die. It covers two primary types of succession:
• Testate succession: Occurs when a person dies having made a valid will detailing how their property should be distributed.
• Intestate succession: Occurs when a person dies without a valid will. In this case, the law dictates how the deceased's assets are to be distributed among their surviving relatives.
• The Marriage Act of 2014: This law governs marriage and divorce in Kenya. Matters such as spousal rights, property division in divorce, and grounds for dissolution of a marriage fall under this act.
• The Children Act of 2001: This legislation focuses on matters concerning children, including parental responsibility, custody, maintenance, adoption, and guardianship.

Key aspects of Family and Succession Law

• Estate planning: This involves drafting a will or setting up a trust to control how assets are distributed after death.
• Probate and administration: This is the court process of proving a will (probate) or, if there is no will, appointing an administrator to oversee the distribution of the estate.
• Inheritance disputes: The law provides mechanisms for resolving disagreements over the distribution of an estate, such as challenging a will's validity or contesting who qualifies as a rightful beneficiary.
• Dependant provisions: The law allows a person who was maintained by the deceased but not adequately provided for in the will to petition the court for a reasonable share of the estate.
• Matrimonial property: This governs the division of property between spouses upon divorce or death.