Planning your estate while you can means your family is not left to sort it out in a crisis.
Decide today what happens tomorrow
Few people enjoy thinking about death, but a family that is left without clear instructions often faces confusion, delay and conflict at the very moment it needs support. Land is held in one name, bank accounts are frozen, children are too young to manage property, and relatives disagree about who is entitled to what. Estate planning is the process of deciding, while you are alive and well, how your property will be managed and passed on, and who will care for your dependants. Our estate planning advocates help individuals and families in Kangema and across Murang'a to put clear, lawful arrangements in place.
Succession in Kenya is governed mainly by the Law of Succession Act. It allows a person to make a will that directs how the estate is shared, and it provides rules for distribution when there is no will. The Act also requires reasonable provision for dependants, so a plan must be carefully prepared.
Writing a valid will
A will is the simplest and most effective estate planning document. To be valid it must meet legal requirements: the person making it must have the capacity to do so, it must be in writing, signed and properly witnessed. A homemade or poorly drafted will can be challenged or may fail to achieve what its maker wanted. We take instructions on your family, assets and wishes, and prepare a will that is clear and legally sound. We advise on appointing executors, naming guardians for minor children, and providing for spouses, children and other dependants.
A will can also deal with land, businesses, bank accounts, shares and personal belongings. We advise you to review it after major life events, such as marriage, the birth of a child, the purchase of property or the death of a beneficiary.
Trusts and planning for family businesses
For some families a trust offers extra protection. A trust allows property to be held by trustees for the benefit of named people, for example to provide for minor children or for a relative who cannot manage property on their own. We advise on whether a trust suits your situation, prepare the trust deed and guide trustees on their duties. We also help family businesses plan for succession, setting out who will lead the business, how ownership will pass and how the interests of family members who are not involved will be treated, so that the business survives the transition.
Careful planning can also reduce the risk of disputes, because everyone knows what is intended and why.
After a death: probate and administration
When someone dies, the estate usually cannot be dealt with until a court grants authority to the person who will manage it. If there is a will, the executor applies for a grant of probate. If there is no will, a family member applies for letters of administration. We prepare the petition, assemble the family consents and documents, attend court, and then assist with collecting assets, paying debts, and distributing the estate and registering transfers of land and other property. Where beneficiaries disagree, we help to mediate or take the dispute to court.
Whether you want to plan ahead or your family has lost a loved one, contact us for a confidential discussion. Bring a list of assets, family details and any existing will or documents, and we will explain the steps ahead.
At a glance: what we handle
- Wills
- Trusts
- Succession planning for families and family businesses
- Letters of administration and probate
- Estate administration and distribution