What usually happens
Inheritance disputes rarely start in court. They start when a widow is told to leave at the funeral. Letters of administration at the court registry are the step that gives a daughter or a widow legal standing.
The law that protects you
- Law of Succession Act, Cap 160
- Daughters and sons of the deceased inherit equally, and a surviving spouse has a protected share.
- Constitution, Arts. 27, 40 and 60
- Equality includes the right to own property, and the law must not discriminate in inheritance.
- Matrimonial Property Act, 2013
- Property acquired during a marriage belongs to both spouses according to their contribution.
What you can do
- 1.
Get the death certificate, then apply for letters of administration at the court in the county where the deceased lived.
- 2.
Insist on being listed as a beneficiary. A daughter is a beneficiary.
- 3.
Do not sign away land or a house you do not understand. Ask a legal aid lawyer to read the document first.
- 4.
If you are threatened with eviction, report to the chief, the police and the county land office immediately.
If you are refused
If relatives or the chief tell you that women cannot inherit, that is contrary to the Law of Succession Act. Go to the court registry, ask for the succession forms, and take a legal aid lawyer with you. Protection orders can stop an eviction while the case is heard.