• The deceased can exercise control over property • It can help avoid courts from determining who is entitled to property • Enable appointing property representatives of choice • Avoiding disputes over property • Persons outside family can have property • The deceased can decide on how he/she can be disposed off.
A will is a mere intention of the maker. It can be amended by the same person during his/her life time. • A person, may through his/her will appoint an executor. This is a person named in the will who has the legal responsibility to take care of a deceased person’s remaining financial obligations e.g. property disposal, paying bills, taxes etc. • It’s a mere intention of the maker - can be amended but only by the maker during their lifetime. • Can deal with property acquired after death of maker (ambulatory)
As an owner of a beneficial interest in the land property, you can be part of making decisions involving the property, including how it is used and developed, and get a share of any income that is distributed from the property.
Intestate succession is where there is no will left by the deceased. It applies where the deceased has left ONEsurviving spouse and a child or children. In this regard, the surviving spouse shall be entitled to:- • The personal and household effects of the deceased and, • The intestate property but cannot sell this property. This is because the spouse is only holding it on behalf of the children. If the spouse remarries, he/she loses her entitlement to the intestate property.
Testate succession is where the deceased leaves a written or oral will. It is important to note that the deceased must have had the capacity (sound mind and off age) to make the will at the time of making the will. In other words, the deceased must have had the knowledge and approved the contents of the will.
On one hand, immovable property in Kenya of a deceased person whatever the residence of that person at the time of his/her death will be regulated by the Kenyan law on succession and on the other hand, movable property of a deceased person is regulated by the law of the country of the residence of that person at the time of his/her death.
The Law of Succession is the law regulating the inheritance of property. The Law of Succession Act applies universally to all Kenyans. This is basically the substantive law dealing with matters succession in Kenya. It’s important to note that this law has to be quoted first before other laws that might equally be affecting matters succession.
National Land Commission (NLC) will require the following preliminary information and documents to be provided by an acquiring body upon request before the land acquisition or easement can be procured. 1. Prior approval from their respective Cabinet Secretary before the NLC commences the acquisition process. 2. Cadastral drawings showing how the infrastructure cuts out each land parcel, the parcel list table detailing land parcel numbers, total area of land parcels and acreage affected by the infrastructure for each parcel. These drawings shall be submitted to the NLC for scrutiny and records. 3. A listing for parcel numbers indicating the plot reference number, registered owner and affected acreage column in acres. This should be submitted in both soft and hard copy. 4. Official searches of affected land parcels. The NLC shall assist where necessary. 5. The Environmental Impact Assessment report (EIA) and appropriate approvals/certification for the project. 6. The Relocation Action Plan (RAP) report. 7. Acknowledgement on availability of funds to allow prompt compensation as provided in the constitution. The NLC will request entities to remit compensation money into the land compensation fund to be administered by the NLC. 8. All participants will have to take the Land Acquisition Committee and sub-committee members on a site tour for general appreciation of the project in respective locations that will be affected. This will enable informed decision making. 9. A final survey for vesting of the acquired land to the National or County Government will have to be done by the acquiring authority .The NLC can assist in this exercise at costs borne by the acquiring body. Succession & Will Inheritance or succession may be defined as the “the transfer of title to property under the law of descent and distribution” (Black’s Law Dictionary, 5th Edition). Succession would exclude those who take by deed, grant or any form of purchase contract.