Succession Planning in Kenya: Why Families Should Plan Early
29 October 2026 · 2 min read
Succession planning should not begin only after a loved one has passed away. Proper planning can help families minimise uncertainty, protect assets and achieve an orderly transition of wealth.
For many families, an estate represents years, or even generations, of hard work: land, a family business, shares, savings and retirement benefits. Without a plan, transferring these assets can become slow and costly, and in some cases leads to prolonged disputes among family members.
What happens when there is no will
In Kenya, succession is governed principally by the Law of Succession Act (Cap. 160). Where a person dies without a valid will, the Act sets out who inherits and in what shares. That statutory scheme may not reflect what the deceased would have wanted, particularly in blended families or where a family business is involved.
Whether or not there is a will, estate assets generally cannot be transferred until the court issues a grant of representation: probate where there is a will, or letters of administration where there is not.
Estate planning is not about expecting the worst. It is about preparing responsibly for the future.
Questions every family should ask
- Who should inherit my property, and in what shares?
- What happens to my business if I can no longer run it?
- How will my children or dependants be provided for?
- Are my title documents and share certificates in order, and would my family know where to find them?
A will is a starting point
A written will must be signed by the person making it and attested by at least two competent witnesses. Even a valid will can be challenged: dependants who are not reasonably provided for may apply to the court for provision from the estate. Careful drafting, and a plan that is reviewed after major life events, reduces that risk.
For business owners, the question is not only who inherits the business, but who will manage it and how it will keep operating.
An advocate with a multidisciplinary background spanning legal practice, banking, finance, business management, leadership and academia. Before moving fully into legal practice, Dr. Oketch spent more than ten years in banking and financial…
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