In an ideal situation, everyone will have a will that has clear instructions about their property inheritance. In reality, however, most people die with no Will or with an invalid Will, or with part of their property not distributed.
The main purpose of a proper succession plan is to provide a mechanism for the transfer of property from the deceased to a preferred beneficiary.
Succession involves identifying the rightful claimants of the deceased’s property, the procedure of which is to be taken by the claimants to enable them to acquire the property of the deceased, and the tools for dispute resolution are provided to resolve any encounters between persons who claim to be rightful claimants.
In situations where the deceased leaves no will, drama has always emerged around who is supposed to inherit the property. Kenya's history is replete with such cases, where deceased's family members engage in protracted court battles in a bid to get a piece of left empires.
Kenyans.co.ke spoke to Erick Muriuki, a lawyer just to find out what is supposed to happen in such a situation.
According to Muriuki, intestate succession comes into the picture when a person dies without a will or the will is invalidated. This is according to sections 36 to 40 of the Law and Society Association.
“There are various things that are considered when one dies intestate. For instance, if one is married and has children, the surviving spouse shall be entitled to personal and household property
“The spouse will also have an interest in property which will terminate upon his/ her death. If the surviving spouse is a widow, that interest shall come to an end if she marries another person. The children will get the entire estate upon the termination of the life interest of the surviving spouse,” Erick Muriuki explained
The lawyer further stated that in a situation where one is married with no children, the children of the surviving spouse will receive all personal and household effects up to the first Ksh10,000/- or 20% of the residue estate whichever is greater. The spouse, however, will also have an interest in property which will end if she gets married to another person.
“In a case where you are not married and have children, your children will receive the proceeds of your entire estate at the age of 18.
Where one dies with no children and spouse, the entire property will go to the following family members, in an order of father, if dead; mother, if dead; brothers and sisters and children of deceased brothers and sisters in equal shares, if dead; step-brothers and sisters, if deceased their children in equal shares, if dead; relatives who are closely related to you.
"If you have no living relatives and die intestate, your estate will go to the state,” the lawyer concluded
