Law of Succession – Amendment to the Law of Succession Act, Section 29 (on dependants)

DID YOU KNOW that the President, HE Uhuru Kenyatta assented to the Law of Succession (Amendment) Bill, an amendment to Section 29 of the Succession Act in bid to streamline the administration of succession matters?

According to the Memorandum of objects, the reason for this amendment is “to lock out opportunistic schemers from successfully claiming a stake in the deceased property and disenfranchising the legitimate heirs”.

This amendment in law now further constricts the dependants entitled to inherit property to only spouses (as recognized under the Marriage Act, 2014) and the children of the deceased whether or not maintained by the deceased prior to their death. This means that former wife/wives and/or divorcees will no longer be entitled to a claim of their deceased former spouses’ property. In addition, secret wives, stepchildren, half brothers and sisters as well as distant dependants will no longer have a right to inheritance in the event of a benefactor’s death.

To further note, this amendment now provides that a person not qualifying as a dependant according to the Act, will have to prove that he/she was maintained by the deceased for a period of two (2) years prior to the deceased’s death in order to qualify as a dependant.

Now you know! Should you wish to engage us further on this subject, please do not hesitate to reach us on

Source: Josephine Righa Advocates Read More

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