WANGU KIMURE ADVOCATE OF THE HIGH COURT OF KENYA/ JUSTICE IS OUR SHIELD AND DEFENDER

How Courts Decide Inheritance Disputes in Kenya Understanding the legal principles behind succession disputes Inheritance disputes are among the most emotionally charged and legally complex cases handled by Kenyan courts. When a loved one dies, disagreements often arise over who should inherit, how property should be shared, and whether the deceased’s wishes should prevail. Kenyan courts play a crucial role in resolving such disputes by applying the law, evaluating evidence, and ensuring fairness among beneficiaries. In this article, we examine how courts determine inheritance disputes in Kenya. 1. The Court First Determines Whether There Is a Valid Will The first question a court asks is whether the deceased left behind a valid Will. Under the Law of Succession Act (Cap 160) , a person may die: Testate – meaning they left a valid Will; or Intestate – meaning they died without a Will. Where a Will exists, the court examines whether it meets legal requirements, including: Whether the ...

  What Happens to Bank Accounts When a Person Dies? Death often leaves families dealing not only with grief but also with urgent financial questions. One of the most common concerns is: What happens to the deceased person’s bank accounts? Can family members withdraw money immediately? Who has legal authority over the funds? Understanding the legal position helps prevent disputes, fraud, and unnecessary hardship. Immediate Effect of Death on a Bank Account Once a bank becomes aware that an account holder has died, the bank will ordinarily freeze the deceased’s individual bank account. This means withdrawals, transfers, standing orders, and ATM transactions are suspended to protect the estate from unauthorized access. The freezing of the account serves several purposes: Prevents fraud or illegal withdrawals Preserves the deceased’s estate Ensures funds are distributed lawfully Protects beneficiaries and creditors Even close family members such as a spouse, child, or sibling cannot l...

  WHO CONTROLS RENTAL INCOME AFTER DEATH? A Legal Guide for Landlords, Families, and Beneficiaries One of the most common questions that arises after the death of a property owner is: Who is entitled to collect rent from the deceased's rental properties? In many families, disputes emerge immediately after death when relatives, children, spouses, or other interested persons begin collecting rent without proper legal authority. This often leads to conflict, misuse of estate assets, and costly court battles. This article explains the legal position regarding rental income after death. What Happens to Rental Property Upon Death? When a property owner dies, all the assets belonging to the deceased, including rental properties and any income generated from them, become part of the deceased's estate. The rental income does not automatically belong to the surviving spouse, children, siblings, or any other family member. Instead, the income forms part of the estate and must be managed i...

What Happens When Title Deeds Are Hidden After Death? Understanding the Legal Consequences in Kenya The death of a property owner often marks the beginning of difficult succession processes for families. One of the most common and emotionally charged disputes that arises during administration of estates in Kenya is the disappearance, concealment, or withholding of title deeds by family members or other interested parties. In many succession disputes, relatives may hide title documents in an attempt to control property, frustrate beneficiaries, disinherit widows or children, or gain unfair advantage during inheritance proceedings. Unfortunately, this practice frequently leads to prolonged court battles, family conflict, illegal dealings, and delays in distribution of estates. This article explains the legal implications of hidden title deeds after death and the remedies available under Kenyan law. 1. Does Hiding a Title Deed Mean Ownership of the Land? No. Possession of a title deed alo...