In Kenya, land is viewed as one of the most valuable assets as it encompasses, legacy, livelihood, and sometimes the spark of family legal battles. As economic pressures mount, many young people are now wondering: Do I automatically inherit my parents’ land? And shouldn’t they just hand it over now?
This article will delve intohow inheritance works in modern society, and why patience might be more important than persuasion.
What do the Kenyan laws say?
Traditionally, inheritance followed gender-based customs, with sons as primary heirs and daughters largely excluded. However, Kenya’s legal framework has evolved significantly, ensuring equal inheritance rights for all. Further, as much as a child is considered a beneficiary, it also grants property owners the freedom to distribute their assets, as they deem proper and fit.
Article 27 of the Constitution of Kenya, 2010 (the ‘Constitution’) guarantees non-discriminatory inheritance, granting sons and daughters equal legal standing. Article 40 of the Constitution further reinforces the right to own and inherit property, mandating that succession laws align with constitutional principles. The Law of Succession Act (Cap 160) governs inheritance, prioritizing children when a parent dies intestate, without a will. However, where a valid will exists, parents retain full discretion over asset distribution, including the legal exclusion of specific heirs.
The will vs. intestacy debate
A will is a written document for who gets what after someone passes away. A will outlines how the deceased’s estate inclusive of, assets, debts should be divided. But before anyone rushes to claim their share, the will must meet legal standards to be enforceable. If a will is disputed, the matter will end up in court, with heirs arguing over what the deceased really intended. If the will is found invalid, everything shifts to intestate succession, which is essentially the legal system’s way of saying, “Okay, no instructions? Let’s divide it up fairly.”
Under intestate succession, the court steps in and distributes the estate among the rightful heirs in order of priority, starting with spouses, children, and close family members. All children, whether born in or out of wedlock, are treated equally.
Conclusion.
While children do have a strong legal standing in inheritance matters, it is not always guaranteed. A parent’s will can override expectations, meaning strategic conversations and perhaps occasional displays of gratitude might not be a bad idea. Ultimately, inheritance is not just about tradition or expectation, it is about legal clarity and proper estate planning. Whether through wills or intestate succession, ensuring compliance with Kenyan law prevents disputes and safeguards family assets for future generations.
Should you require any further information, do contact us at info@cfllegal.com.
