Can Women Inherit – Your Rights as a Daughter or Woman in Kenya on Succession
Traditionally, inheritance practices in Kenya sometimes favoured sons over daughters. But the good news is, Kenyan law now guarantees equal inheritance rights for all children, regardless of gender. This article clarifies your rights as a daughter and empowers you to navigate the inheritance process.
Daughters (and Women) Absolutely can Inherit!
As a woman in Kenya, you are entitled to inherit property just like your male counterparts, including your brothers. The law does not discriminate between boys and girls or between married and unmarried individuals when it comes to inheritance rights.
If a person dies without a will (intestate), their property is distributed according to the Law of Succession Act. The Act ensures that all children, regardless of gender, have equal rights to inherit from their parents’ estate.
Married Daughters and Inheritance
Even if you are a married woman, you still have the right to inherit from your parents’ estate. Your marital status does not affect your inheritance rights.
Involvement in Succession Proceedings
As a woman, it is crucial to be actively involved in succession proceedings. If necessary, you should appoint a lawyer to represent your interests and ensure that your rights are protected. Don’t leave it to your brothers or other male relatives to handle the succession process on your behalf.
If you are afraid of your family or feel that your interests may not be adequately represented, instruct a lawyer to act on your behalf. Your lawyer will be your mouthpiece and will ensure that your voice is heard throughout the succession process.
Reasonable Provision for Dependants
The Law of Succession Act requires that all dependants be reasonably provided for from the deceased’s estate. This means that the deceased’s property should be distributed in a way that takes into account the needs and circumstances of all those who were dependent on the deceased. While the law emphasizes equal rights, it also prioritizes providing for dependents.
If any dependant feels that they have not been reasonably provided for, they have the right to apply to the court to have the distribution of the estate reconsidered. The court will then make an order that it deems fair and reasonable in the circumstances.
Here’s what that means for you:
* The estate should be divided fairly, but not necessarily equally. If there are other dependents, like a surviving spouse or young siblings needing education, the court might allocate a larger portion to address their specific needs.
* If you feel you haven’t received a reasonable share, you can apply to the court to contest the distribution.
Conclusion
In conclusion, the law of succession in Kenya ensures that both men and women have equal rights to inherit property, regardless of their gender, marital status, or employment status. As a woman, you have the right to be actively involved in succession proceedings and to ensure that your interests are protected. If you feel that your rights have been violated or that you have not been reasonably provided for, do not hesitate to seek legal advice and take appropriate action.
Remember
* Kenyan law protects your inheritance rights as a daughter.
* Be proactive, get involved, and seek legal guidance if necessary.
* The law prioritizes reasonable provision for all dependents, so complete equality might not always be the outcome.
Empowering Daughters Through Knowledge
Understanding your inheritance rights is crucial. Share this information with other women in your family to ensure they are aware of their legal standing. By knowing your rights and taking proactive steps, you can secure your rightful share of the family legacy.
Remember: The above is not specific legal advice for you. Always consult a lawyer to determine the best option for your specific situation
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