Family and Succession Law
Kiriinya & Achieng' advocates (KAA)
Family and Succession Law
Succession refers to distributing a deceased person’s assets, either by will or according to law. Succession law addresses how an estate is handled after death, depending on whether there is a valid will (testate) or not (intestate). The Law of Succession Act (Cap. 160) regulates both the substantive and procedural aspects of estate distribution. Besides the procedural applications and orders granted with a succession suit, there are two main causes of succession which are”
1. Testate Succession
In testate succession, an individual dies having created a will specifying how their estate should be distributed. The executor or personal representative is responsible for obtaining a grant of probate to verify the will’s validity. This process allows the executor or personal representative to manage the deceased’s estate according to the terms outlined in the will.
2. Intestate Succession
A person is considered to have died intestate if they pass away without creating a will, if their will is later declared invalid by a court, or if they revoke an earlier will without making a new one. The rules of intestacy are designed to distribute the deceased’s property among individuals who may be entitled to it under the law, typically including the spouse, children, and relatives in order of consanguinity up to the sixth degree.
At KAA, we walk the journey with our clients ensuring their rights to the estate are recognized as per the law.
- Representing buyers and sellers in conveyancing and related documentation (leases, licenses, easements, sectional property, joint venture agreements for shared developmentprojects).
- Conducting property searches, due diligence, and forensic audits on properties subject to transfer or securities.
- Advising on development, construction, project structuring, financing, land subdivision, change of user, lease extensions, amalgamation, title rectification, issuance and replacement of titles.
- Obtaining necessary consents and managing land rates and rents for clients
- Preparing and registering powers of attorney, prohibitions, restrictions, caveats, trusts, wills, and estate planning documents.
- Managing stamping and registration processes and offering general land law advice.
overview
Family and Succession Law covers the legal rules that govern personal relationships, marriage, children, property rights in families, and inheritance after death.
Family Law
Regulates the creation, existence, and dissolution of family relationships.
Key areas:
- Marriage – Types (civil, customary, religious), requirements, registration, validity.
- Divorce & Separation – Grounds for dissolution, property division, maintenance (alimony).
- Children’s Rights & Custody – Parental responsibility, guardianship, adoption, child maintenance.
- Domestic Violence – Protection orders under the Protection Against Domestic Violence Act, 2015.
- Matrimonial Property – Rights to property acquired during marriage under the Matrimonial Property Act, 2013.
Kenya’s key statutes:
- Marriage Act, 2014
- Children Act, 2022
- Matrimonial Property Act, 2013
- Protection Against Domestic Violence Act, 2015
Succession Law
Deals with how a person’s property is distributed after death.
Key areas:
- Testate Succession (With a valid will) – Distribution follows the will, subject to legal limitations.
- Intestate Succession (Without a valid will) – Distribution follows the Law of Succession Act.
- Probate & Letters of Administration – Court process for appointing someone to manage the estate.
- Dependants’ Rights – Protection for spouses, children, and other dependants.
- Estate Administration – Valuing assets, paying debts/taxes, and distributing property.
Kenya’s key statute:
- Law of Succession Act (Cap 160)Taking the dispute to court for a judge (or magistrate) to decide.
Alternative Dispute Resolution (ADR) in Kenya
Kenya’s Constitution (Art. 159) recognizes ADR mechanisms — including mediation, arbitration, and traditional dispute resolution — to promote justice without undue delay.
Where Family & Succession Law Overlap
- Death of a spouse – Inheritance rights and property division.
- Guardianship of minors – If parents are deceased or incapacitated.
- Claims for maintenance – From the estate of a deceased person.
Dispute Resolution in Family & Succession Matters
- Mediation is encouraged to preserve relationships.
- Children’s Court handles cases involving minors.
- Family Division of the High Courthandles divorce, adoption, and succession matters.
Legal Services we offer
Client-Focused Legal Solutions
Our services
Kiriinya & Achieng’ Advocates is a commercial and real estate law firm in Kenya with a notable and increasing presence in the East African region. We provide services to local and international clients including start-ups and established companies, for profit and not-for-profit entities and government institutions. Our predominant goal is to provide our clients with state-of-the-art legal services and support in the shortest turnaround time while demystifying the rigorous legal processes.