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She worked alongside her husband for decades, helped build their home and raised their children. When he died without a will, she found herself fighting relatives for property she believed was hers.
That scenario, once permitted under parts of Kenya’s Law of Succession Act, continues to shape court decisions on inheritance, even as the statute itself remains largely unchanged since 1981.
“Where there is no will, that is where the doors are open to all,” says Advocate Cecil Miller, a senior counsel with three decades of estate planning experience, during a webinar on wills, trusts and beneficiary nominations.
Miller says many Kenyan families remain exposed under intestate succession, where a person dies without a valid will.
