2 Key Things You Need To Know About Land Inheritance in Kenya

One of the most common ways through which one can acquire and own land in Kenya is through Succession. This is usually attached to the traditional right to inherit property for the purpose of preserving family heritage.

However, most Kenyans rarely follow Land laws and transfer land rights upon death. In most cases inheritors never follow through the process of acquiring the actual title deed as they consider the process of legal land succession to be tedious, complex, inaccessible, and expensive.

Which easily exposes them to protracted land disputes, disinheritance, and other related problems.

The Law of Succession Act passed by parliament in 1972, gives directive and dictates what should happen to a person’s property after their death. It provides for both Intestate and Testamentary Succession and administration of estates of the deceased persons.

The same law varies for testate and intestate successions, and below are 2 key things you need to know;

1. Testate Succession

This refers to situations where the deceased leaves behind a valid will declaring their intentions and wishes regarding the disposition of their property after their death duly made and executed in accordance with The Law of Succession Act.

It is important to note that the will has no legal effect until the owner of the land dies. While they are alive, it neither limits their rights of ownership nor give out any benefits to anyone. Beneficiaries under the will do not acquire interest in the property before the testator’s death.

2. Intestate Succession

Intestate succession is where a person dies without having made a will or the will is invalidated. The process starts with a letter from the local Chief, clarifying the facts of the deceased’s estate, their spouses, and heirs. The Chief’s letter is always addressed to the court.

The surviving spouse is entitled to the personal and household effects of the deceased. They are required to hold the estate in trust for the heirs and to divide it to the heirs in equal shares in the future. In the event there is no surviving spouse, the net intestate estate devolves upon and heir of the deceased.

To conclude, The Law of Succession Act provides a clear guideline on inheritance of land and other property subject to inheritance. Through the process of succession in Court, parties get an opportunity to own property legitimately. However, this is subject to court discretion and other provisions of law concerning any said matters.