Law of succession
Succession is the transfer or redistribution of the deceased properties, to the person’s entitled, either by Will or by the operation of Law. The Law of Succession is concerned with the Legal consequences flowing from death on the deceased person’s property. The deceased might have died testate ( having written a Will) or intestate ( having not left a Will). The rules and principles relating to Wills and the procedures for the distribution of the deceased Estate in Kenya are found in the Law of Succession Act.
In the case of testate succession, the estate of the deceased, after satisfying all existing obligations, the estate is distributed in the manner set out in the Will. Incase of an Intestate succession, the estate is distributed according to the Laws of intestacy.
Testate succession involves the personal representative or executor needing to obtain a grant of probate to prove that the Will is genuine. The probate allows the executor or personal representative to distribute the Estate of the deceased accordingly.
While in the case of Intestate succession, one must apply the letters if administration in order to be able to distribute the Estate.
The Advocate appointed by the Family to represent them in the succession has a legal duty to ensure that.
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