When someone dies without leaving a valid will, the law calls this dying intestate. In Kenya, what happens next is not decided by the wishes of the deceased or the expectations of the family. It is decided by the Law of Succession Act. The result is often very different from what people assume.
This guide explains, in plain terms, how intestate succession works, who inherits and in what order, and why putting a simple will in place is one of the most considerate things you can do for the people you love.
What the law decides for you
Where a person dies intestate leaving a spouse and children, the surviving spouse is generally entitled to the personal and household effects and a life interest in the residue of the estate, with the children inheriting subject to that interest. The precise division depends on the make-up of the family and the nature of the estate.
A will does not avoid the law. It lets you direct it, and spares your family the uncertainty and conflict that so often follow.
Why disputes arise
Without clear instructions, families are left to interpret what the deceased "would have wanted". Second marriages, dependants, jointly owned property and family businesses all add complexity. These are precisely the situations in which a well-drafted will prevents years of painful and expensive litigation.
What you can do today
Making a valid will is straightforward with proper guidance. It allows you to appoint an executor you trust, provide for dependants, and ensure your estate passes according to your wishes rather than a statutory formula. If you already have a will, it is worth reviewing it after any major life change.
If you would like to discuss drafting or updating a will, or you are dealing with the estate of someone who has passed, the practice is glad to help, with clarity and care.