Section 40 of the Constitution of Kenya stipulates that every person has right to own land of any description in any part of Kenya. The National Land policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights.
This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:- • The personal and household effects of the deceased
As an owner of a beneficial interest in the land property, you can be part of making decisions involving the property, including how it is used and developed, and get a share of any income that is distributed from the property.
Testate succession is where the deceased leaves a written or oral will. It is important to note that the deceased must have had the capacity (sound mind and off age) to make the will at the time of making the will. In other words, the deceased must have had the knowledge and approved the contents of the will.
