Kenyan family structures are increasingly evolving through remarriages, step-children, co-parenting arrangements, interfaith unions and cross-border marriages. But here is the uncomfortable truth: most estate plans still create legal and practical gaps when applied to mixed families. In cases such as FAAF v RFM & 2 others (Petition E035 of 2023) [2025] KESC 45 (KLR) (30 June 2025) (Judgment), the supreme court had to make a determination on how cultural or religious practices intersect with inheritance rights in mixed family contexts, particularly where Islamic inheritance principles were contested. The Supreme Court affirmed the lower courts’ decisions that children born outside marital status cannot be barred from inheritance solely on cultural/religious grounds.

Understanding mixed families

A mixed family includes a couple where one or both spouses have children from previous relationships, or where spouses come from different cultural or religious backgrounds or in some cases a foreign–Kenyan marriage. From a succession perspective, these family dynamics raise threshold questions around who qualifies as a dependant and how competing interests should be balanced.

Why estate planning matters for mixed families in Kenya

In Kenya, inheritance is governed largely by the Law of Succession Act and Islamic inheritance rules for Muslim estates. Where there is a valid will that has not listed any of the categories of a mixed family, the courts are normally left to decide how they will benefit from the testator’s estate.

For blended families, these outcomes can lead to unintended disinheritance, disputes among step-relations and fractured family relationships.

Practical steps to effective estate planning for mixed families

• Compile a detailed asset inventory. Include property, bank accounts, businesses and digital assets.
• Engage a competent estate planning Advocate. Working with an advocate who understands Kenyan succession and estate planning helps avoid technical pitfalls and ensures enforceability of documents.
• Review and update your estate plan regularly. As family circumstances change through births, remarriages and new business interests ensure you revisit your plan to keep it current.

Conclusion

Mixed families are no longer exceptional, but poorly structured estate plans for mixed families remain common. The gap shows up in courtrooms and probate registries through higher conflict, slower administration, and unintended distributions.

Protecting these families requires more than standard paperwork as it calls for deliberate structuring, coordinated planning strategies, and careful legal drafting built around modern family dynamics.

Should you require any further information, do contact us at info@cfllegal.com.