TYPES OF SUCCESSION PROCEEDINGS
Oduor Khamati
Legal and Compliance Officer @ Bold Enough Healthcare Staffing Inc | Bachelor of Laws (LLB)
In Kenya, succession law (the Law of Succession Act) provides for two types of succession. The two types are testate and intestate succession. Intestate succession takes place when a person dies without a will. The estate is distributed according to the Law of Succession Act, Cap. 160, and priority is given to the children, spouse, and other close relatives.
On the other hand, testate succession will be undertaken when a person dies with a will. Here, their assets are distributed according to the instructions provided in the will. For testate succession to occur, the will must be valid and must meet the formal requirements under the Act.
Therefore, if a will is not valid, i.e., it does not align with the validity requirement under the Law of Succession Act Cap 160, the rules of intestacy succession will be reverted to by the courts in the distribution of the estate. The implications are that the wishes of the deceased shall not be followed by the courts due to the lack of validity.
Making a will is beneficial as it provides certainty on how the properties and estate of the deceased will be divided among the beneficiaries. This also allows the testator to will his property to anyone, even when the person is not his relative.
A will is likely to create certainty and, in many cases, prevent prolonged family disputes on the division of the deceased's estate.
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Notice: THIS IS NOT LEGAL ADVICE. SEEK LEGAL ADVICE FROM YOUR LAWYERS.