Succession, Probate &
Estate Lawyer
in Kenya

When the deceased left a valid will, we apply for a Grant of Probate — the court order that authorises the named executor to administer the estate. Our process includes: filing the petition for probate at the High Court or Magistrate's Court, publishing the statutory gazette notice and newspaper advertisement, serving notice on all beneficiaries and potential objectors, attending the hearing and obtaining the grant, advising the executor on their fiduciary duties, coordinating the collection of assets, payment of debts and distribution to beneficiaries named in the will, and filing the confirmation of grant. We also defend contested probate where third parties challenge the validity of the will.

When someone dies without a will (intestate), we apply for a Grant of Letters of Administration — the court order that appoints an administrator to manage and distribute the estate according to the rules of intestacy under Part V of the Law of Succession Act. The intestate succession rules determine who inherits: the surviving spouse and children take priority, followed by parents, siblings and more distant relatives. We handle the entire application — gazette notice, petition, hearing, grant issuance — and guide administrators through their legal obligations. For complex intestate estates with multiple spouses (polygamous marriages), children from different relationships or disputed parentage, we ensure every rightful beneficiary is included in the distribution.

After a grant is issued, it must be confirmed by the court within six months — specifying exactly how the estate will be distributed among the beneficiaries. We prepare and file the confirmation application, listing all estate assets (land, buildings, bank accounts, shares, vehicles, personal effects), all debts and liabilities, and the proposed distribution to each beneficiary. Once confirmed, the grant becomes the legal authority to transfer property, close bank accounts and distribute assets. We coordinate the actual transfers at the Lands Registry, banks and other institutions — ensuring every beneficiary receives their share and that the administrator's duties are fully discharged.

When an administrator has been fraudulently appointed, is mismanaging the estate, embezzling assets, failing to distribute or acting in their own interest rather than the beneficiaries' interest, we apply to the court for revocation of the grant and appointment of a new administrator. Under Section 76 of the Law of Succession Act, the court can revoke a grant on multiple grounds — including fraud, incapacity, misconduct and failure to administer. We also file caveats to block fraudulent grants from being issued and injunctions to freeze estate assets while the dispute is being resolved. Where assets have already been disposed of, we pursue recovery actions against the administrator and third-party recipients.

Part V of the Law of Succession Act exempts Muslim estates from the standard intestacy rules — instead, Islamic inheritance law (Faraid) applies as personal law. We handle Muslim succession cases at the Kadhi's Courts and the High Court, ensuring that distribution follows Shariah principles — including the prescribed shares for widows, sons, daughters, parents and other heirs. We also advise on the interaction between customary law and statutory succession, particularly for estates in rural areas where customary practices (such as the treatment of family land, widow inheritance and clan rights) may conflict with the Law of Succession Act. Our goal is to achieve distribution that is both legally valid and culturally sensitive.

For high-net-worth individuals, families with complex asset structures and business owners, we create trusts and estate protection mechanisms that go beyond a simple will. This includes inter vivos (living) trusts, testamentary trusts for minor children and dependants, family trusts for intergenerational wealth transfer, corporate succession planning for family businesses, structured gifting during lifetime to minimise estate exposure, and asset protection structures that shield family wealth from creditors, lawsuits and divorce claims. We work with tax advisors and financial planners to ensure your estate plan is comprehensive, tax-efficient and legally robust under Kenyan law.