KENYA: HOW TO AVOID PROBATE-WKA ADVOCATES
Death is inevitable and it is therefore important for one to make plans, especially with regard to property (estate). It is imprudent for a person to live without making arrangements of how his/her property will devolve upon death. The importance of making such plans is to ensure that the dependents and next of kin are well provided for, and the wishes of the deceased are respected. The Law of Succession Act provides the rules for writing a valid and enforceable will, as well as the applicable rules for the succession of an intestate’s estate. However, the Kenyan courts have declared wills to be invalid or revoked on numerous occasions, rendering the deceased person an intestate. The main disadvantage of dying intestate is that the deceased is unable to maintain control over his/her property upon death. This exposes the next of kin to the rules of intestacy which are arbitrary and may also lead to disputes over the estate among family members.
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