When someone dies, their estate may require letters of administration if there is no valid will or no executor able and willing to act under an existing will. The process involves identifying the appropriate court, documenting the deceased’s family and assets, meeting notice requirements and addressing any objections. This guide explains who can apply, the […]
Introduction In Kenya, it is fairly common for parents or guardians to acquire land and register it in the name of a minor as a way of securing the child’s future. While this approach is well-intentioned, it often creates practical legal challenges when the registered owner is under the age of eighteen. These challenges become […]
Inheritance by children law in Kenya under Islamic rulings clarified by Supreme Court. Know rights of children born out of wedlock—Book our team of estate planning lawyers today. Introduction In line with Muslim Law, children who are born out of wedlock to Muslim parents may be prohibited from inheriting part of the estate of their […]
Types of Trusts & trusts formation process in Kenya explained for smart estate planning. Secure assets, avoid disputes, and Book our team today. Introduction A Trust is a legal relationship where one party (the trustee) holds legal title to property or assets for the benefit of another party (the beneficiary), based on the instructions of […]
Introduction In many Kenyan divorces or separations, the biggest legal dispute often centres on who owns what. From family homes to shares in companies, to land inherited from parents, spouses often ask: What property is considered matrimonial? Can I claim my spouse’s inheritance? What if the property is owned by a company they control? This […]
Succession disputes in Kenya delay inheritance, fracture families, and trigger costly legal battles. Whether due to a missing will or land disagreements, these conflicts are emotionally and legally complex. At F.M. Muteti & Co. Advocates, our role is not just to represent, but to bring clarity, fairness, and strategic legal support to families and beneficiaries. […]
Introduction Prenuptial agreements (commonly called prenups) are contracts made between couples before marriage, outlining how assets, debts, and financial responsibilities will be handled during the marriage and in case of divorce, separation, or death. In Kenya, prenuptial agreements are increasingly used by high-net-worth individuals, business owners, foreign investors, and couples in blended families to protect […]
Setting up a Family Trust in Kenya is one of the most effective ways to manage, protect, and transfer family wealth across generations. Unlike a will, which only takes effect after death and often results in court-supervised succession, a family trust offers a flexible, private, and legally binding method to hold and manage assets during […]
In today’s evolving legal and economic landscape, couples entering marriage are increasingly concerned about protecting their personal and financial interests. Whether you are a high-net-worth individual, a business owner, or entering a second marriage, Prenuptial Agreements in Kenya—commonly referred to as a “prenup”—offers a clear and legally recognized method to define how property, debts, and […]
Introduction Primarily, sharing matrimonial property in Kenya is governed by the Constitution of Kenya 2010, the Matrimonial Property Act, the Marriage Act 2014 and all other relevant statutes as well as judicial precedents. Matrimonial simply means related to a marriage. Accordingly, what is matrimonial home? Section 2 of the Matrimonial Property Act defines matrimonial home […]