The Law of Succession (Amendment) Bill, 2023

19 May 2023 domainSenate Senate Bills No. 20 Gazette: Supplement No. 70
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1

Remarriage Terminates Life Interest for All Spouses

Under amendments to sections 35 and 36, the life interest of a surviving spouse in the net intestate estate will determine (end) upon remarriage. This ensures equal treatment for both widows and widowers, addressing prior provisions that Kenyan courts found to be gender-discriminatory.

2

Equal Inheritance Priority for Mothers and Fathers

The Bill amends section 39 of the Act to mandate that when a deceased child's parents are the rightful heirs, the mother and father will inherit the estate in equal shares. If one parent is deceased, the surviving parent inherits the entire portion, removing the statutory priority previously given to fathers.

3

Expanded Protections for Non-Marital and Adopted Children

The definition of a 'child' under section 3 is updated to explicitly include adopted children and posthumously born children. Additionally, a new section 40(3) is introduced to ensure children whose mothers were not married to the deceased are counted as additional units to secure their equal share of the estate.

4

Exclusion of Community Land from Succession Act

The Bill repeals sections 32 and 33 of Cap 160. This mechanism effectively excludes community land from the application of the Law of Succession Act, aligning land inheritance with other relevant statutes.

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