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When someone dies, the family usually needs a court grant before banks, land registries and share registrars will release or transfer anything substantial. CS Advocates LLP advises executors, administrators and beneficiaries on wills, probate, letters of administration and the transmission of property, and on planning that reduces the difficulty for the family later.
Led by Charles Muriu Mathenge, Managing Partner. An advocate handles your matter and fees are agreed in writing before chargeable work begins.
Succession in Kenya is governed by the Law of Succession Act (Cap 160), with the Family Division of the High Court in Nairobi and magistrates’ courts hearing causes depending on the estate. A will is proved by probate, and where there is no will or no capable executor the court issues letters of administration. Either way, the grant must be confirmed before the estate is distributed.
What we advise on
- Drafting wills and codicils, appointing executors and guardians, and reviewing an existing will after marriage, birth, divorce or a change in assets
- Probate petitions where a valid will names an executor
- Letters of administration, including grants with the will annexed and intestate succession
- Confirmation of grants, distribution schedules, and transmission of land, bank accounts and shares
- Objections, challenges to a will and claims for provision by dependants
- Estate planning for business owners, families with land, and Kenyans living in the diaspora
How a matter starts
- Send a short outline: the date of death, whether there is a will, the family members involved, the main assets and liabilities, and any existing court papers.
- The firm confirms that it can act, identifies whether probate or letters of administration applies and lists the documents and consents the petition will need.
- A written engagement letter sets out scope and fees, and chargeable work begins after it is signed.
Questions clients ask
Which grant applies to an estate?
Where the deceased left a valid will with a capable executor, the court grants probate, and distribution follows the will. Where there is no will, or the will named no capable executor, the court issues letters of administration, with the will annexed where a will exists but no executor can act. Distribution then follows the will, or the intestacy rules in the Law of Succession Act where there is no will.
Is probate always needed?
A grant of representation is needed for anything substantial. Banks, land registries and share registrars require it before releasing or transferring significant assets, and any dealing in land needs a grant confirmed by the court. Some institutions release modest balances against a death certificate alone, but the threshold varies and should not be assumed.
How long does a succession cause take?
An uncontested cause can conclude within several months once the papers are in order, but the court’s workload, the completeness of the documents, the Kenya Gazette notice and any objection all affect the timetable. Missing beneficiaries, unclear relationships or defective documents extend it considerably, so the estate inventory and proof of relationship should be prepared carefully at the start.
What documents are needed to start?
The petition is normally supported by the death certificate, identification documents for the petitioners, proof of relationship such as a marriage or birth certificate, the will if there is one, an inventory of the assets and liabilities, and the consents or renunciations of affected beneficiaries. The court may ask for more depending on the estate, and an accurate inventory avoids a further application later.
Related legal insights
More detail is in our succession guides and estate planning guides, including these articles:
- Letters of administration in Kenya
- Probate and letters of administration compared
- What makes a will valid in Kenya
To discuss an estate or the preparation of a will, read our fees and engagement terms and contact the firm to arrange a confidential consultation at our Westlands, Nairobi office.