Estate Planning and Succession Lawyers Across Kenya

Estate planning is the process of deciding in advance how your property and assets will be managed and distributed after your death, and ensuring that happens as smoothly and fairly as possible. A succession lawyer, formally called an advocate, helps you write a will, set up a trust, advise on inheritance and tax planning, and, when the time comes, administer the estate through the probate or succession process. When someone dies without a plan, the process is longer, the family often disagrees, and the estate may not be distributed as the deceased would have wished. This page lists verified estate planning and succession lawyers in Kenya and explains how wills, probate, and succession work.

Wills and Testamentary Planning

Every adult of sound mind has testamentary freedom under the Law of Succession Act, Cap 160, which means you can leave your property to whoever you choose. A valid will must be in writing, signed by you, and witnessed by at least two persons who are present at the same time. A will that does not meet these requirements may be challenged or invalidated. A well-drafted will names your executor (the person who will carry out your wishes), specifies who receives what, and can address matters such as guardianship for minor children. A succession lawyer can draft a will that reflects your intentions, is properly executed, and is much harder to challenge.

Probate: Administering an Estate With a Will

Where a person dies leaving a valid will, the executor applies to the High Court for a Grant of Probate, which gives them the legal authority to administer the estate. The application is published in the Kenya Gazette for thirty days to allow objections, and if none are raised the court issues the Grant of Probate. After at least six months, the executor applies for Confirmation of the Grant, which allows the capital assets to be distributed to the beneficiaries as the will directs. A succession lawyer manages the entire process, from filing the petition to completing the distribution and updating the Lands Registry where land is involved.

Intestate Succession: Dying Without a Will

Where a person dies without a valid will, their estate is distributed according to the rules of intestacy under the Law of Succession Act. A close family member, usually the surviving spouse or children, applies to the court for Letters of Administration, which authorise them to administer the estate. The application is also published in the Kenya Gazette for thirty days. Once Letters of Administration are confirmed, the estate is distributed as prescribed by the Act. No one may deal with a deceased person’s property before the grant is confirmed; doing so is unlawful intermeddling. The intestacy rules are specific about who gets what, and they may not reflect what the deceased would have chosen.

Inheritance Disputes

Succession disputes are common, especially in families with significant assets, polygamous arrangements, or children from different relationships. Disputes arise over the validity of a will, the choice of administrator, the value or composition of the estate, the claims of dependants who were left out, and the rights of children born outside marriage. The Law of Succession Act allows a court to override a will where it has failed to make reasonable provision for the deceased’s dependants. A succession lawyer can advise on whether you have grounds to challenge a will or an administration, and represent you in contested succession proceedings.

How to Choose an Estate Planning Lawyer

Match the lawyer to your need, whether planning ahead or administering an estate, confirm they are properly registered, and act promptly.

• Confirm the lawyer is a registered advocate with the Law Society of Kenya
• Choose a lawyer experienced in succession and estate planning, and in contested succession if your matter is disputed
• Write your will while you can, rather than leaving it to the last moment or relying on intestacy
• Ask how they charge and get a written fee agreement before work begins
• Act promptly in succession matters, since unresolved estates attract disputes and the process takes time even when uncontested