Yes, widows in Kenya have won court cases regarding inheritance property left behind by their deceased husbands. According to succession law, female children born into a family are recognized as dependents. 

Each daughter has an equal vote in the distribution of property left by their late father and is entitled to inherit a share of the estate. This entitlement applies regardless of whether the daughters are married or single at the time the deceased’s property is distributed.

It typically takes about a year to complete the inheritance distribution process. First, the letters of administration or probate of the will must be obtained from the court. This simply means seeking the court’s permission to divide the property. Following this, the law allows a six-month period during which anyone with a claim to the property can do so. However, the law does not permit the disposal of capital assets, such as land, during this time.

After six months, the administrator must return to court for confirmation of the grant. Once confirmed, the administrator is authorized to dispose of capital assets and assign them to the new owners. Additionally, after six months, the administrator is required to report back to the court and provide an account of all transactions made.

In such a situation, the bank accounts are considered part of the estate to be inherited. When compiling a list of all assets and liabilities, these known accounts should be included without omission. Engaging the best succession lawyer in Kenya can help with the title search to discover any commercial properties they own that no one may be aware of. If any accounts or properties are inadvertently excluded and found later, the administrator will need to return to court for amendments, resulting in additional costs. 

At this stage, we recommend that our clients take their time and conduct thorough research before finalizing the inventory of assets owned by the deceased before their passing. We advice our clients to prevent this by utilizing the grant issued by the court to approach the banks, informing them of the deceased’s passing, and requesting the transfer of the funds to you as the administrator.

In this situation, you have six months, as specified by the court, to claim the property before it can be transferred to the dependents as their inheritance. To support your claim, you should present all relevant property purchase documents, including those from the property lawyer who assisted you in buying or selling the property in Kenya. 

If you haven’t completed the payment on that property, your property lawyer will provide guidance on how to proceed to ensure compliance and protect your interests. This will help you exclude that particular property from the list of assets owned by the deceased.

Once the court later permits the administrator to distribute the estate among the dependents, the ownership of that property will be transferred to you as the new owner. We strongly recommend engaging an experienced succession lawyer in Kenya to facilitate compliance and ensure a smooth process.

The widow/widower is entitled to full ownership of the deceased’s personal belongings within the matrimonial household. Additionally, they are entitled to 20% of what remains after all debts and loans owed to creditors have been settled, along with a life interest in the net estate. This life interest allows them to hold the estate for their lifetime so that upon their passing, it can be passed on to their children. This transfer takes effect immediately. 

However, if they choose to exclude the children of the deceased from receiving this estate and instead transfer it to others, the dependents may petition the court to contest this decision. In such cases, the court may rule to reclaim the inheritance and return it to the rightful heirs.