Planning for the future or managing the estate of a loved one can be emotionally challenging and legally complex. Whether you’re preparing a will, administering an estate, applying for probate, or resolving an inheritance dispute, understanding the legal process is essential. Marilyn Law & Associates provides compassionate, practical legal guidance to help individuals and families protect their assets, honour their wishes, and navigate succession matters with confidence.
Probate, succession, and estate planning help ensure that a person’s assets are managed and distributed according to the law and, where applicable, their wishes after they pass away. In Kenya, succession law governs how estates are administered, whether the deceased left a valid will (testate succession) or died without one (intestate succession). Estate planning, on the other hand, allows individuals to organise their affairs during their lifetime through wills and other legal arrangements, helping to protect loved ones, minimise disputes, and provide clarity for future generations. Whether you are administering an estate, planning for your family’s future, or resolving an inheritance dispute, understanding the legal process can help you make informed decisions during an important time.
Succession matters in Kenya are primarily governed by the Law of Succession Act (Cap. 160), which sets out the legal framework for wills, estate administration, inheritance, and the distribution of a deceased person's assets.
Millions of Kenyans will navigate succession matters during their lifetime, making estate planning and proper administration essential for protecting family assets and reducing future disputes.
A legally valid will can help ensure your wishes are respected, simplify estate administration, and provide greater certainty for your beneficiaries after your passing.
Many inheritance disputes arise from unclear estate planning or the absence of a valid will, highlighting the importance of seeking legal advice before problems arise.
Losing a loved one is never easy, and navigating the legal process that follows can feel overwhelming. Whether you’re trying to administer an estate, understand your inheritance rights, prepare a will, or resolve a family dispute, having clear legal guidance can make all the difference. Below are some of the most common probate, succession, and estate planning questions we help answer.
When a person dies without leaving a valid will, they are said to have died intestate. In such cases, the distribution of their estate is governed by the Law of Succession Act, which sets out who is entitled to inherit and how the estate should be administered. Before assets can be distributed, a personal representative must usually obtain the appropriate authority from the court to administer the estate.
Dying without a will does not mean property cannot be inherited, but it often makes the administration process more complex and may increase the likelihood of family disputes.
The distribution of an estate where there is no will is determined by the Law of Succession Act. The law sets out who may inherit, taking into account factors such as surviving spouses, children, and other eligible dependants. The exact distribution depends on the family’s circumstances and the applicable legal provisions.
Yes. A will may be challenged if there are legal concerns about its validity. Common grounds include allegations that the will was made under undue influence, fraud, lack of mental capacity, or that it does not comply with the legal requirements for a valid will. Each challenge is determined based on the evidence presented to the court.
Every family’s circumstances are unique, and succession matters often involve both legal and emotional considerations. Whether you’re planning your estate, administering the estate of a loved one, or resolving an inheritance dispute, Marilyn Law & Associates provides practical legal guidance to help you protect your family’s interests and ensure the process is handled with care, professionalism, and in accordance with Kenyan law.
Planning ahead gives you greater control over how your assets will be managed and distributed in the future. We help individuals and families develop estate plans that reflect their wishes, protect their beneficiaries, and provide clarity for future generations.
A properly drafted will helps ensure your wishes are clearly documented and legally enforceable. We assist clients in preparing, reviewing, and updating wills that comply with Kenyan law while reflecting their personal and family circumstances.
Where a valid will exists, we guide executors through the probate process by preparing the necessary legal documents, advising on their responsibilities, and helping ensure the estate is administered efficiently and lawfully.
If a loved one passes away without leaving a valid will, we assist eligible family members in applying for Letters of Administration, enabling them to lawfully manage and distribute the deceased’s estate in accordance with the Law of Succession Act.
Administering an estate involves collecting assets, settling debts, managing legal obligations, and distributing property to beneficiaries. We provide legal guidance throughout the administration process to help families navigate these responsibilities with confidence.
Disagreements over inheritance, wills, beneficiaries, or estate administration can be emotionally challenging. We work with families to resolve succession disputes through negotiation, mediation, or court proceedings where necessary, always seeking practical and fair outcomes.
Choosing the right lawyer isn’t just about understanding the law—it’s about having a legal partner who understands your situation, communicates clearly, and works towards practical solutions.
Every workplace dispute is different. Before recommending a legal course of action, we take time to understand your employment relationship, review the facts, and identify the legal issues that matter most.
Employment law can be complex, but understanding your rights shouldn’t be. We explain legal processes, obligations, and possible outcomes in clear, practical language so you can make informed decisions with confidence.
Not every workplace dispute needs to end in court. Where appropriate, we help clients explore negotiation, settlement, mediation, and other practical approaches that save time, costs, and professional relationships.
Every legal matter is unique, but our approach remains the same—listen first, advise clearly, and act strategically. From your first consultation to the resolution of your matter, we’re committed to keeping you informed and supported every step of the way.
Rather than simply reacting to legal disputes, we focus on helping our clients understand their position, evaluate their options, and move forward with confidence.
01. Listen
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting you.
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting you.
We evaluate your situation against the relevant employment laws, contractual obligations, and available evidence to provide clear legal guidance.
We explain your rights, obligations, potential risks, and practical options, ensuring you understand every step before making important decisions.
Where possible, we pursue practical solutions through negotiation or alternative dispute resolution. Where litigation becomes necessary, we provide strategic representation to protect your interests.
Whether you’re starting a new venture, managing an established company, or navigating commercial challenges, understanding your legal obligations is essential. Here are answers to some of the most common corporate and commercial law questions we receive from businesses across Kenya.
If a person dies without leaving a valid will, their estate is distributed in accordance with the Law of Succession Act. Before assets can be shared among beneficiaries, an eligible person will generally need to obtain Letters of Administration from the court to lawfully administer the estate.
Probate applies where the deceased left a valid will and the court formally recognises the executor’s authority to administer the estate. Letters of Administration are issued where there is no valid will, allowing an eligible person to administer and distribute the estate according to the law.
The law generally allows eligible family members or other persons with a legal interest in the estate to apply for Letters of Administration. The court will determine who is best suited to administer the estate based on the circumstances of each case.
Where there is no valid will, the estate is distributed according to the provisions of the Law of Succession Act. The distribution depends on factors such as whether the deceased is survived by a spouse, children, or other eligible dependants.
Yes. A will may be challenged if there are legal concerns about its validity, including allegations of fraud, undue influence, lack of mental capacity, or failure to comply with the legal requirements for making a valid will. The court will consider the available evidence before making a determination.
A will allows you to decide how your assets should be distributed after your death, appoint executors to administer your estate, and provide clear instructions for your loved ones. Estate planning helps reduce uncertainty, minimise disputes, and ensure your wishes are respected.
The length of the succession process varies depending on the size and complexity of the estate, whether a valid will exists, the availability of the required documents, and whether disputes arise among beneficiaries. Every estate is different.
In most cases, estate property should not be sold or transferred before the appropriate legal authority has been obtained and the succession process has been properly followed. Acting without legal authority may lead to disputes or legal consequences.
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