Expertise
Estate Planning & Succession Law Services in Kenya
Our experienced legal team helps you navigate the complexities of succession law in Kenya, which is primarily governed by the Law of Succession Act (Cap. 160). We provide peace of mind by simplifying the legal landscape and crafting a plan that reflects your unique circumstances and desires.
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:
Honors Your Wishes
It ensures your assets are distributed exactly as you intend, rather than being subject to the strict and often impersonal rules of intestacy (dying without a valid will).
Minimizes Family Disputes
A clear legal document provides guidance, reducing the potential for conflict among beneficiaries and minimizing the emotional and financial strain on your family.
Protects Your Assets
Strategic planning can safeguard your assets from mismanagement and ensure they are used for the long-term benefit of your dependents.
Simplifies the 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
We provide a full range of services tailored to individuals, families, and high-net-worth clients, ensuring every aspect of your estate is managed with precision and care.
1. 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 the 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.
We ensure your will is comprehensive, appointing an executor, naming guardians for minor children, and providing clear instructions for the distribution of your assets to your chosen beneficiaries.
2. 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 the relevant authorities, such as the Business Registration Service (BRS).
3. 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.
4. 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.
We handle all the necessary court filings, including the Petition, supporting affidavits, and liaise with the courts to ensure the process is as smooth and efficient as possible.
Frequently Asked Questions
Estate planning is the process of arranging for the management and transfer of your assets during your lifetime and after your death.
In Kenya, this legal practice involves several key components:- Wills: Creating a legally valid will to dictate how your property is distributed.
- Trusts: Establishing trusts for long-term asset management under Kenyan law.
- Powers of Attorney: Appointing a trusted person to make decisions on your behalf. Learn more from a legal resource on Powers of Attorney.
Proper estate planning ensures your wishes are legally protected and provides peace of mind for your loved ones.
Protect Your Legacy — Plan for Tomorrow, Today!
Ensure your loved ones are safeguarded, and your wishes are honored through thoughtful and strategic estate planning.
