Succession & Wealth Protection
Safeguarding your family's legacy through meticulous estate planning, proper succession administration, and robust asset protection strategies under Kenyan law.
Comprehensive Succession & Wealth Protection
Whether you are planning ahead to protect your family's wealth or navigating the complexities of estate administration after losing a loved one, our team provides thorough, sensitive, and expert legal guidance. We work within the framework of the Law of Succession Act (Cap 160) and related statutes to ensure your family's assets are protected and properly distributed.
Will Drafting
Professionally drafted wills that clearly express your testamentary intentions, comply with the Law of Succession Act, and minimise the risk of future challenges.
Probate Applications
Efficient filing and prosecution of Petitions for Grant of Probate at the High Court or Magistrate's Court, including gazette notifications and court appearances.
Letters of Administration
Guiding families through intestate succession where no will exists, obtaining Letters of Administration, and ensuring fair distribution among all dependants and beneficiaries.
Asset Protection Trusts
Structuring trusts to shield family wealth from creditors, succession disputes, and mismanagement while ensuring smooth intergenerational transfer of assets.
Beneficiary Disputes
Resolving conflicts among beneficiaries, challenging or defending wills, and representing dependants who have been inadequately provided for under the succession.
Estate Tax Planning
Strategic tax planning to minimise stamp duty and other levies payable on the transfer of estate assets, ensuring maximum value is preserved for beneficiaries.
Estate Planning & Will Drafting
A well-drafted will is the cornerstone of estate planning in Kenya. Under the Law of Succession Act, a valid will must be in writing, signed by the testator in the presence of two witnesses, and must clearly identify the beneficiaries and their respective shares. Without a valid will, your estate will be distributed according to the rules of intestate succession, which may not align with your wishes.
Our estate planning services go beyond simple will drafting. We conduct a thorough assessment of your assets, family circumstances, and long-term objectives. We advise on optimal structures for wealth preservation, including the use of trusts, nominee arrangements, and corporate vehicles where appropriate. For clients in the diaspora, we ensure your Kenyan assets are properly documented and that your will complies with Kenyan law, even if you reside abroad.
Estate Planning
Probate & Letters of Administration
When a loved one passes, the legal process of estate administration begins. If the deceased left a valid will, the named executor must apply to court for a Grant of Probate. If no will exists, a family member or interested party must apply for Letters of Administration to be appointed as the administrator of the estate.
We guide families through every step of this process with sensitivity and efficiency. From preparing and filing the petition, publishing the required gazette notice, appearing in court, to the final distribution of assets and filing of the administrator's account, our team ensures compliance with all legal requirements while minimising delays and family conflict. We also handle the confirmation of grants, which is required before any distribution can take place.
Court Process
Asset Protection During Succession
Succession disputes in Kenya are unfortunately common and can lead to significant erosion of family wealth. Assets may be dissipated through fraudulent transfers, illegal occupation, or prolonged litigation. We help families implement proactive strategies to safeguard their assets before, during, and after the succession process.
Our asset protection services include obtaining injunctive relief to prevent the dissipation of estate assets, conducting title searches and asset tracing to identify and recover misappropriated property, and advising on the use of caveats and cautions to protect real property interests. For high-net-worth families, we structure wealth preservation vehicles that ensure assets are managed professionally and distributed according to the deceased's intentions.
Protection
Succession FAQs
Answers to common questions about succession law and wealth protection in Kenya.
View All FAQsWhen a person dies intestate (without a will) in Kenya, the Law of Succession Act (Cap 160) governs the distribution of the estate. The surviving spouse receives personal and household effects and a life interest in the matrimonial home. The remainder is divided equally among the children. If there is no surviving spouse, children inherit the entire estate. Where there are no children, the estate passes to parents, then siblings, and then to more distant relatives. A family member must apply for Letters of Administration from the court to manage and distribute the estate.
The probate process begins when the executor named in a will files a Petition for Grant of Probate at the High Court (Succession Division) or a Magistrate's Court for smaller estates. The petition includes the original will, death certificate, and an inventory of estate assets. A notice is published in the Kenya Gazette, allowing 30 days for objections. If no objections are filed, the court issues a Grant of Probate, which authorises the executor to collect assets, settle debts, and distribute the estate according to the will. After distribution, the executor files an account with the court and applies for discharge. The uncontested process typically takes 3 to 6 months.
There are several strategies to protect family assets during succession. First, draft a comprehensive and valid will that clearly identifies all assets and beneficiaries. Consider setting up inter-vivos (living) trusts to place assets beyond succession disputes. Register all property under clear title to reduce ambiguity. Appoint a professional or trusted executor to ensure proper administration. Where disputes arise, seek injunctive orders from the court to prevent asset dissipation. You can also file caveats and cautions against real property titles to prevent unauthorised transfers. Additionally, ensure all dependants are adequately provided for, as the Law of Succession Act allows dependants to contest a will if they are not reasonably provided for.
Latest in Family Law
Stay informed with our most recent articles and legal updates.
The Marriage Act (Kenya)
The Marriage Act, 2014 (Cap. 150) is a Kenyan statute enacted to amend and consolidate various laws relating to marri...
Feb 25, 2026Parental Responsibility Agreements in Kenya: What You Need to Know
A Parental Responsibility Agreement is a legally recognised document under Kenya's Children Act. It allows unmarried ...
Jan 15, 2024When a Relationship Has Irretrievably Broken Down: The Courage to Let Go
There comes a point when a relationship has irretrievably broken down. Staying in limbo comes at a quiet but persiste...
Dec 7, 2022Protect Your Family's Legacy
Whether you need to draft a will, apply for probate, or protect family assets during succession, our experienced team is ready to help. Schedule a confidential consultation to discuss your succession planning needs.