Expertise

Estate Planning & Succession Law Services in Kenya

Planning for the future is one of the most important steps you can take to protect your loved ones and secure your legacy. Without a clear plan, your family could face unnecessary financial and legal burdens, potential disputes, and a lengthy, complicated succession process. At BIK ADVOCATES LLP, we offer personalized estate planning and succession law services that provide clarity, protect your assets, and ensure your wishes are legally binding.

Relevant Statutes

Law of Succession Act (Cap. 160)

Why a Proactive Approach to Estate Planning Matters

Estate planning is more than just preparing documents, it's about taking control of your future and protecting what matters most. A well-structured plan offers significant benefits:

Why a Proactive Approach to Estate Planning Matters

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Honors Your Wishes

It ensures your assets are distributed exactly as you intend, rather than being subject to strict and often impersonal rules of intestacy (dying without a valid will).

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Minimizes Family Disputes

A clear legal document provides guidance, reducing potential for conflict among beneficiaries and minimizing emotional and financial strain on your family.

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Protects Your Assets

Strategic planning can safeguard your assets from mismanagement and ensure they are used for long-term benefit of your dependents.

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Simplifies Succession Process

A well-prepared estate can significantly reduce the time and cost associated with probate and estate administration, allowing your loved ones to focus on grieving rather than navigating legal bureaucracy.

Our Comprehensive Estate Planning Services

Drafting of Wills

A valid will in Kenya is the cornerstone of any estate plan. We work with you to draft a legally sound document that meets the stringent requirements of the Law of Succession Act. A will must be:

In writing.
Signed by testator (the person making the will) or by another person in their presence and direction.
Attested to by two or more competent witnesses who are not beneficiaries in the will.

Registration of Trusts

Trusts are a powerful tool for asset protection and long-term planning. A trust is a legal arrangement where a settlor (the creator) transfers assets to a trustee to hold and manage for the benefit of specified beneficiaries. We provide guidance on:

Creating a Trust: We help you draft a clear and legally sound trust deed.
Types of Trusts: Advising on the best type of trust for your needs, whether it's a family trust for asset protection, a testamentary trust created by a will, or a charitable trust.
Trust Registration: Guiding you through the process of registering the trust with relevant authorities, such as the Business Registration Service (BRS).

Powers of Attorney

A Power of Attorney is a critical document that allows you to appoint a trusted individual (your attorney) to act on your behalf. We draft Powers of Attorney that empower your chosen representative to make legal, financial, or medical decisions in the event you are unable to do so yourself.

Succession Court Proceedings

When a person passes away, their estate must be administered through a court process. We provide professional guidance and representation for:

Testate Succession (with a Will): We assist with the application for a Grant of Probate to prove the validity of the will and empower the executor to manage and distribute the estate.
Intestate Succession (without a Will): We guide you through the process of applying for a Grant of Letters of Administration to appoint an administrator who will distribute the deceased's assets according to the provisions of the Law of Succession Act.

Frequently Asked Questions

Under the Law of Succession Act, a valid will must be: in writing, signed by the testator or by someone else at their direction and in their presence, and attested by two or more competent witnesses who are not beneficiaries.