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Probate law in Karen, Kenya deals with the legal process that comes into effect after the death of a person. It involves authentication of the deceased’s will, appraisal of the deceased's assets, payment of due debts and taxes, and distribution of the remainder of the estate as per the instructions in the will. If no will exists, the law provides a specific guideline on how the property should be divided.
Engaging a probate lawyer can be beneficial in different situations such as: 1. If the deceased did not leave a will and the division of property becomes complex. 2. If the will is contested by any party and complex legal issues arise. 3. If the deceased owned business assets or left behind significant debt. 4. If the estate possesses foreign property or any other intricate element that requires professional handling.
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The Law of Succession Act (Chapter 160) governs probate law in Kenya. This legislation provides guidelines on the administration and distribution of the estate of a deceased individual, particularly addressing characteristics of a valid will, appointment of executors, and survivorship rules. In cases where no will exists, intestacy rules apply determining how estate assets are distributed among surviving relatives.
Any named executor in the will can apply for probate. If no executor is named, or if the executor is unable or unwilling, the Kenyan court may appoint an administrator.
If the deceased didn't leave a will, the estate will be distributed in accordance to the Law of Succession Act, which provides an outline for distribution among surviving relatives.
An executor is a person named in the will, who is responsible to implement the instructions in the will, including property distribution and payment of any remaining debt.
If a will is contested, it means that a person - usually a potential beneficiary - has challenged the legality, authenticity, or clarity of the will.
The duration of the probate process can vary significantly depending on the complexity of the estate, any legal disputes arising, and court caseloads. On average, it can take from several months to a few years.
The following resources can be beneficial in understanding probate laws in Karen, Kenya: 1. Kenya Law Reports: An invaluable online resource providing access to all laws of Kenya, including the Law of Succession Act. 2. Local law libraries: These can also provide access to Law of Succession Act and other relevant legal textbooks. 3. Kenya Judiciary Website: Provides relevant information related to court procedures and jurisprudence. 4. Law Society of Kenya: Can assist in finding a probate attorney.
If you require legal assistance in probate related matters, your first step should be to consult a legal professional experienced in probate law. They will guide you through the process, assist with paperwork and ensure that your legal rights are protected. If possible, gather all relevant documents such as the will, death certificate, and an inventory of the deceased's assets to facilitate the process. Also, be prepared to provide full information about the deceased's liabilities. Contact the Law Society of Kenya to help find a suitable probate lawyer.
