What is succession?
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.
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.
What is the importance of succession?
The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. It involves:
Identifying the legal/rightful claimants of the deceased’s property.
The procedures of which is to be taken by the claimants to enable them acquire the property of the deceased.
Tools for dispute resolution are provided to resolve any encounters between persons who
claim to be rightful claimants.