Private Clients, Wealth & Family

Succession & Estate Planning Law in Kenya

Protecting and passing on wealth takes careful planning and, when the time comes, sensitive and competent administration. As succession lawyers in Kenya, OLM Law’s private-client team advises individuals, families and family businesses, at home and abroad, on succession, estate planning, trusts and the structuring of personal and family wealth.

Succession under Kenyan law

Succession in Kenya is governed principally by the Law of Succession Act. Where a person dies leaving a valid will, the estate is administered according to its terms (testate succession); where there is no will, the Act sets out how the estate devolves among surviving family members (intestate succession) and protects the interests of dependants. The High Court and, for smaller estates, the magistrates’ courts oversee the grant of representation. We guide executors, administrators and beneficiaries through each stage with clarity.

How we help

• Wills — drafting clear, valid wills that reflect your wishes and reduce the risk of later dispute.
• Probate and administration — obtaining grants of probate, where there is a will, and letters of administration, where there is not, and seeing the estate through to distribution.
• Trusts — establishing and administering family, charitable and asset-protection trusts, including the incorporation of trustees for perpetual succession.
• Family business succession — governance, shareholder arrangements and succession planning that keep a business in the family across generations.
• Matrimonial property — advice under the Matrimonial Property Act and the Marriage Act, including pre- and post-nuptial arrangements.
• Cross-border estates — coordinating the administration of foreign assets and advising non-resident beneficiaries — work we frequently do for the Kenyan diaspora and international families.

A considered, discreet service

Private-client matters are often sensitive and arise at difficult times. Our advocates combine technical rigour with discretion and a practical, human approach, and keep instructions confidential and partner-led throughout.

Frequently asked questions

What happens if someone dies without a will in Kenya?

The estate is distributed according to the intestacy rules in the Law of Succession Act, which prioritise the surviving spouse and children. An administrator must obtain letters of administration before the estate can be dealt with.

How long does probate take in Kenya?

Timelines vary with the size and complexity of the estate and the court’s schedule, but a straightforward grant typically takes several months. We work to keep the process moving and to resolve any objections promptly.

To make a will, set up a trust or administer an estate, speak to OLM Law’s private-client and succession lawyers.