Who inherits without a will in Kenya?

The spouse takes the personal and household effects and a life interest in the rest of the estate. The life interest ends if a widow remarries. When it ends, the estate is divided equally among the children. In polygamous families the estate is divided by the number of children of each house.

With no children, the spouse takes a share with the parents, siblings or other relatives; with none of them, the spouse takes everything.

Children share equally. If there are none: the parents; then the brothers and sisters; then other relatives. If there is no heir, the estate goes to the state.

An unmarried partner has no right by law, but a dependant can apply to the court for provision.

A will cannot leave out a dependant. A spouse or child who is not provided for can ask the court for reasonable provision.

The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.

• The Law of Succession Act does not apply to Muslims, who follow Islamic law, and customary law applies in some cases.
• Courts have struck down parts of the Act as unconstitutional, so check for recent decisions.

Kenya belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Kenya legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Kenya? →

• Kenya Law: the Law of Succession Act