In a recent case, siblings of a deceased judge have petitioned to contest his will, which bequeathed his properties to his younger brother. The action seeks to block the release of estate funds worth millions of shillings. The incident has ignited debates on the legalities of challenging wills in Kenya.
The case involving a deceased judge's will has thrust the issue of challenging inheritances into the spotlight in Kenya. The judge reportedly left his properties to his younger brother, with directives that the brother care for their aging parents, thereby excluding other siblings from the inheritance. In response, the sidelined siblings rushed to court to halt the distribution of estate funds valued at millions of shillings.
This dispute illuminates the legal framework for wills under Kenya's Law of Succession Act (Cap 160). The act allows a spouse, child, or person maintained by the deceased to apply to the court if the will does not make reasonable financial provision for them. The court may then reallocate portions of the estate as needed.
In addition to claims of exclusion, wills can be contested for fraud or forgery, such as a fabricated signature. To start the process, a complainant files a caveat at the High Court registry to temporarily block the grant of probate. After the petition is gazetted, a formal objection must be lodged within 30 to 60 days, outlining the grounds for challenge.
The court holds a hearing, reviewing witness testimonies and presented evidence. Should the will be ruled invalid, the estate follows a previous will if one exists or the rules of intestacy otherwise.
A valid will requires signing before at least two witnesses who are neither beneficiaries nor their spouses, and secure storage, such as the court's will registry or with an appointed executor.
This case emphasizes the need for meticulous will drafting to prevent such family conflicts.
