Practice Area 05
Succession & Estate Planning
Protecting Your Legacy. Planning for Tomorrow.
Estate planning is the process of deciding, while you are able to, what should happen to your property, your business interests and the people who depend on you. Where no plan exists, the outcome is determined by law and can take considerably longer to resolve.
We advise on planning before death and on administration afterwards, and we act in contested succession matters where a dispute has already arisen.
Our Services in Succession & Estate Planning
Why Estate Planning Matters
Advice on the consequences of planning, and of not planning, for your family and business.
Wills
Preparation, review and safekeeping arrangements for wills.
Estate Planning
Structuring the holding and transfer of assets in a way that reflects your intentions.
Probate
Applications for the grant of probate where a valid will exists.
Letters of Administration
Applications where a person has died without a will.
Estate Administration
Collection, management and distribution of estate assets.
Succession Disputes
Representation where entitlement, validity or administration is contested.
Family Wealth
Planning for the orderly holding and transfer of family assets across generations.
Business Succession
Planning for what happens to a business and its ownership on death or retirement.
Trusts
Advice on establishing and administering trusts as part of a plan.
Property Transmission
Transmission and transfer of property forming part of an estate.
Estate Planning for Entrepreneurs
Coordinating personal estate planning with business ownership and shareholding.
When You May Need This Service
- You have not made a will, or your circumstances have changed
- A family member has died and the estate needs to be administered
- You own a business and have not planned for its succession
- There is a disagreement among beneficiaries
- Property documents in the family are incomplete or out of date
How We Help
We help you set out your intentions clearly and lawfully.
We guide personal representatives through the administration process.
We coordinate business and personal succession so they do not conflict.
We act in contested matters where agreement cannot be reached.
Planning for your family's future
Step 01
Assess Assets
Identify property, interests, obligations and dependants.
Step 02
Plan
Decide what should pass to whom, and who should administer it.
Step 03
Document
Put the plan into properly executed legal documents.
Step 04
Administer
Apply for the appropriate grant and manage the estate.
Step 05
Transfer
Transmit and transfer assets to those entitled.
Frequently Asked Questions
- What happens if someone dies without a will in Kenya?
- The estate is dealt with under the rules that apply to intestate succession, and a grant of letters of administration is generally required before the estate can be distributed. The outcome may not reflect what the deceased would have chosen.
- Who should inherit my property, and can I decide?
- A validly made will allows you to set out your intentions, subject to the provisions of applicable law concerning dependants. We advise on how far your wishes can be given effect.
- What happens to my business if I die?
- That depends on how the business is owned and whether succession has been planned for in the constitutive documents and your will. Business succession planning addresses this in advance.
Legal Insights
Related reading
- Succession
Succession Planning in Kenya: Why Families Should Plan Early
Succession planning decides what happens to your property and dependants. Planning early reduces delay, cost and the risk of family disputes.
Read article - Succession
Wills, Trusts and Estate Planning in Kenya
Wills and trusts serve different purposes within an estate plan. Understanding the difference helps families choose the right structure.
Read article - Succession
What Happens When Someone Dies Without a Will in Kenya?
Where there is no valid will, the estate is dealt with under the rules applying to intestate succession — and the process usually takes longer.
Read article - Succession
What Is Probate in Kenya?
Probate is the process by which a will is proved and executors are authorised to administer an estate. Here is what it involves.
Read article
Speak to an advocate
Need Legal Advice?
Schedule an Estate Planning Consultation
P M Kisonzo & Company Advocates
- Panari Hotel Building
1st Floor, Suite 5B
Mombasa Road
Nairobi, Kenya - 07191937670702515404
- pmkisonzocoadvocates@gmail.commaoketchcoadvocates@gmail.com
