The law of succession act makes provision for both monogamous and polygamous situations and the nature of devolution of the property upon intestacy. The dependents of the deceased for the purpose of this act include. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. The law of succession deals with the finalization of the debt and assets the deceased leaves behind. This act may be cited as the law of succession short title. A free powerpoint ppt presentation displayed as a flash slide show on id. An act to amend the law relating to estates of deceased persons. Download a pdf copy by clicking on the download link below. It seemed also that consideration might have been passed between the two parties. Part ii aspects of intestate succession 2 interpretation in part ii in this part. This act may be cited as the trustees perpetual succession act. The law of succession act was passed with the intention of merging and consolidating all the four systems of law of succession and their support legislation into one comprehensive statute in order to. Persons capable of making wills and freedom of testation.
This search type loads first when the laws of kenya is launched. The common law position regarding testamentary capacity is reflected in section 5 of the law of succession act. Ang awa, judge of the high court of kenya 2005 types of grants there. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall. Although the law of succession act was intended to introduce an integrated system of. Uganda independence act uganda legal information institute. As for the kenya law of succession act, the bill was passed in 1972 but because some of its provisions were dependent on the marriage act it had to wait until the marriage bill was passed e. Published by the national council for law reporting with the. Third schedule amendments not affecting the law of. Empowering women with rights to inheritancea report on. At common law, a will is invalid unless made by a person who at the time of making it has the capacity to do so.
This act may be cited as the law of succession act. As a rule infants and persons of unsound mind are incapable of making a valid will. The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. A source of law refers to the origin of law which constitutes its legal principle or law. When talking about the sources of kenyan law, therefore, this refers to the origin of the legal rules that then constitute the kenyan law. An act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased. Until 1 st july 1981, there were four systems of law of succession in kenya applying to the four different socioethnic groups of people in kenya. This article tells the story of the establishment of the two kenya commissions. Principles of the law of succession to intestate property many of the problems involved in the law of descent and distribution of property are among the most difficult problems of legal science. The kenyan womans place in succession haki blogkituo cha. The law of succession act cap 160 of the laws of kenya types of grant by lady justice m.
Case reporting through kenya law reports, kenya appeal reports and kenya court of appeal decisions. You can search by act name, act number cap number or by full text search, or browse using the table of contents. Law of succession act kenya pdf download law of succession act is the law regulating the inheritance of property in kenya. Challenges and opportunities in inheritance rights in kenya. The kenya law of succession prescribes the rules which determine what ought to.
Section 35 of the law of succession act, in confusing terminology, states that subject to the provisions of section 40, where an intestate has. Legal framework applicable to contempt proceedings after the contempt of court act was declared unconstitutional. Before the coming into force of the law of succession act on 1 july 1981. This act shall be called the intestate succession act, 1987, and shall come into operation on a date to be fixed by the state president by proclamation in the gazette. Musyoka law of succession1 law of succession law of. Sections 26 to 30 of the succession act relate to the provision for the dependents. If the law of a foreigners nationality states that the applicable law for inheritance of immovable property located in kenya is nonkenyan law, then kenyan law still takes precedence. Laws of kenya trustees perpetual succession act chapter 164 revised edition 2012 1981 published by the national council for law reporting with the authority of the attorneygeneral. Kenya in respect of, and shall have universal application to, all cases of of 1978, intestate or testamentary succession to the estates of deceased persons sch. The pbo act aims to create a new legal, regulatory, and institutional framework for nonprofit organizations doing public benefit work in kenya, under a single law. Short title this act may be cited as the law of succession act. May 15, 2017 the law of succession act provides that except as otherwise provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of and shall have universal application to, all cases of intestate or testamentary succession to the estate of deceased persons dying after the commencement of. This act may be cited as the law of succession act and shall come into operation on 1st july, 1981.
The law of succession amendment bill, 2019 parliament of kenya. Longet terer officially handed over sets of kenya law read more. The reading of the laws is indicative of a combination of various beliefs and customs of the people of kenya over succession. Section 72 of the interpretation and general provisions act declares that, save as is otherwise expressly provided, whenever any form is prescribed by any written law, an instrument or document which purports to be in that form shall not be void by reason of any deviation therefrom which does not affect the substance of the instrument or document and which is not calculated to mislead. The default search that is supplied to you is to search by act name. Ppt the law of succession act cap 160 of the laws of kenya. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary. Form 93 petition by attorney of executor for letters of administration with written will annexed, executor being absent from kenya and there being no executor within kenya willing to act. Comprehensive marriage law enacted global legal monitor. Process of applying for grant for testate and intestate in kenya applicable law the law of succession act chapter 160, laws of kenya.
Principles of the law of succession to intestate property. Because there are four marriage systems in kenya, namely. The application of different sets of law to area of succession was treated or seen as being discriminatory. Countryterritory kenya document type legislation date 1972 1990 source fao, faolex long title an act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased persons. Kenyas parliament passed the pbo act in december 2012 and the president approved it in january 20, but a date for its implementation has not yet been set. It was the determination to achieve equality or uniformity that led to the enactment of the law of succession act cap 160 laws of kenya and the failed attempt to pass the law of matrimony act. Provisions for dependents in law of succession in kenya.
Law of sucession summary 2014 1st semester introduction to law of succession. The law of succession act was passed with the intention of merging and consolidating all the four systems of law of succession and their support legislation into. Laws of kenya the law of succession act paula njeri. An act to make provision for, and in connection with, the attainment by uganda of fully responsible status within the commonwealth. There are several ways to find content in the laws of kenya database. The laws of succession act in kenya provides for laws relating to intestate and testamentary succession and the administration of estates of the deceased persons. List of subsidiary legislation subsidiary legislation rev. Laws of kenya the sexual offences act no 3 of 2006 revised edition 2009 2008 published by the national council for law reporting with the authority of the attorney general. Applying the test of law in section 76 of the law of succession act, the fact that there was an agreement between the deceased and the applicant for sale of the suit land was important to those proceedings. Succession law in kenya has a deep and intricate history.
This paper can be downloaded in pdf format from ielrcs website at. Intestate succession act 81 of 1987 after amendment by the reform of customary law of succession and regulation of related matters act 11 of 2009. Testate succession occurs where a person who desires to retain absolute or limited control over his property after death, arranges to ensure that upon his death the property passes to a person or persons of his choice through a valid will. While the principles of the branch of the law are covered generally and specifically by statutes. This court hears all proceedings relating to the estate of the deceased and follows the procedures and provisions of the law of succession act. Frequenty asked questions on succession and inheritance.
1213 895 347 423 169 281 514 1394 158 1102 598 1540 447 889 1498 898 1110 1202 892 720 534 1664 855 778 257 229 1228 1210 826 1370 31 738 626 138 165 79 735 567