The general meaning of the word, succession, is the process of following another. As a legal terminology, succession means taking the rights of another as his or her successor. It usually denotes the transmission of rights and obligations of the deceased to his legal heirs.
The word, succession, is also used to refer to the rights, estate, and charges left by a person after his or her death, irrespective of whether the value of the property is more or less than the charges. It may also signify the right of the heir to take possession of the estate of the deceased.
Succession is the right and transmission of the rights and obligations of the deceased to his heirs. The Kenya law of succession prescribes the rules which determine what ought to happen to a person’s estate after his or her death. It is also referred to as the law of inheritance i.e. transmission of property rights from the dead to the living.
Succession not only includes the rights and obligations left by the deceased at the time of his or her death, but it also includes new charges, rights, and obligations that accrue to the existing ones after opening of the succession.
The rules of succession identify the beneficiaries entitled to succeed to the deceased’s estate and the extent of the benefits they are to receive. The Kenya law of succession determines the different rights and duties that persons (for example, beneficiaries and creditors) may have in a deceased’s estate.
The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. It involves:
Testamentary Succession: This type of succession is created when a testament specifying the heir to one’s property is executed in a manner prescribed by law.
Legal Succession: It’s the succession established in favor of the nearest living blood relations of the deceased.
Irregular Succession: It refers to the succession established by law in the absence of legal or testament-constituted heirs.
The Law of Succession Act Cap 160 provides for persons that can inherit the property of a deceased person under section 29 as dependants which include:
Yes. Both men and women have equal rights to inherit property. Reference to children does not distinguish between sons and daughters, neither is there distinction between married and unmarried daughters
Yes. Parents can inherit their deceased children’s property if: