LEGAL INSIGHTS WITH ABIGAEL MOKUA

Welcome to the final part of my 4-part blog series on the Law of Succession. In this concluding piece, we delve into how succession operates in polygamous unions under Section 40 of the Law of Succession Act. Understanding these provisions is essential, especially in a society where polygamy remains a legal and recognized form of marriage.  INTESTATE SUCCESSION IN POLYGAMOUS MARRIAGES   Section 40 of the Law of Succession Act (LSA) outlines how inheritance is handled when a person in a polygamous marriage passes away. It states that the deceased’s personal and household possessions, along with the remaining estate, should be distributed among the different households. The distribution is done proportionately, based on the number of children in each household, with each child and surviving spouse being considered as one unit within their respective households. Just like in monogamous unions, each surviving spouse in a polygamous setup is entitled to receive their household’s s...

 When a person dies without leaving a valid will, they are said to have died intestate. In Kenya, intestate succession is governed by the Law of Succession Act, which outlines how the deceased’s estate should be distributed among surviving relatives. Understanding how this process works is essential, especially in a country where many people pass away without formalizing their wishes in a will. In this post, I’ll break down what intestate succession really means, then take a closer look at how succession is handled in monogamous unions.  In Kenya, the law only accounts for the spouse(s) and blood relatives of the deceased person, with the children of the deceased being given priority over all other blood relatives. Additionally, both monogamous and polygamous marriages are allowed In Kenya. This is found under Section 2,3 and 6 of the Marriage Act 2014. Therefore, the law of succession has also provided for both settings, if the deceased died intestate.  Children who are ...

 Last week on the blog, I defined what a will is and gave a general overview of the requirements for its formal validity. See  UNDERSTANDING LAW OF SUCCESSION: A GUIDE TO WILLS AND INHERITANCE it will give you a solid foundation for today’s discussion. This week, I’m taking it a step further by breaking down those requirements in more detail. We’ll also look at the key characteristics of a valid will. Whether you’re a law student or simply interested in succession law, this post will help you gain a deeper understanding of what gives a will its legal effect. FORMAL VALIDITY OF A WILL            1. CAPACITY   This section will discuss capacity in two parts which are age and mental capacity.   Age- According to Section 5(1) of the Law of Succession Act , the law grants every individual who has reached the age of majority, which is 18 years, the legal capacity to make a will. This means that as long as a person is not considered a mi...

Succession law plays a pivotal role in ensuring that a person’s property is passed on in an orderly, lawful, and fair manner after they are gone. Whether one leaves behind a written will or passes away without one, the law provides specific frameworks that govern the distribution of their estate. This post marks the beginning of a four-part series on the Law of Succession in Kenya, designed to break down its key elements in a simple and practical way. By the end of this series, you'll have a clearer understanding of how succession works, both when a will is present and when one is not. The law of succession is a legal framework that governs how a person’s estate is passed on after their death. Inheritance typically involves two key elements: the passing away of the property owner and the subsequent transfer of their assets to rightful heirs or beneficiaries . This area of law outlines the process through which ownership of property transitions from the deceased to those left behin...