Best Probate Lawyers in Kenya

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OLM Law Advocates LLP

OLM Law Advocates LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
10 people in their team
English
Who We Are:OLM Law Advocates LLP is a leading full-service law firm in Kenya, recognized for delivering exceptional legal services tailored to diverse clients. Our clientele includes individuals, dynamic corporations, esteemed financial institutions, governmental, and non-governmental...
Mwale Law Advocates LLP

Mwale Law Advocates LLP

Nairobi, Kenya

Founded in 2013
7 people in their team
English
French
Swahili
Kikuyu
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous legal realms including Corporate and Commercial Law, Banking Law, Capital Markets Law, Intellectual Property Law, Telecommunications Law, Internet and...
Maina & Onsare Partners Advocates LLP

Maina & Onsare Partners Advocates LLP

Nairobi, Kenya

Founded in 2014
18 people in their team
Swahili
English
We are a full- size law firm that was set up in the year 2014. Our competence and professional legal services have been tested and proven since then by our ever expanding client base that ranges from individuals to the high demands of the corporate world and County Governments.Our prowess and...
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Karen & Associates Advocates

Karen & Associates Advocates

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2015
5 people in their team
English
Karen & Associates Advocates is a distinguished law firm in Kenya, renowned for delivering comprehensive and personalized legal services to individuals, families, and businesses. With expertise across a wide range of practice areas, including Family Law, Succession & Inheritance Law,...
MMTK Law

MMTK Law

Nairobi, Kenya

Founded in 2000
50 people in their team
Swahili
English
We Are Here For You!MMTK Law is a full-service Kenyan law firm with its main office in Nairobi.  It focuses on Corporate & Commercial law, Conveyancing (banking and real estate), Litigation & arbitration, Estate Planning & Management (includes family law and succession) and Debt...
Wahito Musonge and Company Advocates

Wahito Musonge and Company Advocates

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2023
4 people in their team
English
Swahili
About UsWelcome to Wahito Musonge & Company Advocates LLP, a preeminent law firm located in the vibrant heart of Nairobi, Kenya. Our practice stands as a testament to our unwavering commitment to providing contemporary, bespoke legal services tailored to the unique needs of each client. With a...
Nyiha, Mukoma & Company Advocates

Nyiha, Mukoma & Company Advocates

Nairobi, Kenya

Founded in 2000
18 people in their team
English
NYIHA, MUKOMA & COMPANY ADVOCATESAbout us: Mission & VisionFounded in 2000 by James Nyiha and Peter Mukoma, Nyiha, Mukoma has grown to become a fully service-oriented law firm dedicated to providing clients with expert advice on areas of law relevant to the 21st Century.Our law firm is...
Ngara, Karani & Co. Advocates

Ngara, Karani & Co. Advocates

Karen, Kenya

Founded in 2014
12 people in their team
English
Swahili
We are a medium sized legal practice within the Republic of Kenya specializing in Environment, Land and Commercial transactions. We pride ourselves in delivering professional legal services to our clients with a personal touch. At the core of our three pillars of practice is passion for...
Obara & Obara Advocates

Obara & Obara Advocates

Mombasa, Kenya

Founded in 2002
50 people in their team
Swahili
English
Obara & Obara Advocates is a well-known and reputable Kenyan legal company that was founded 20 years ago.We are dedicated to delivering exceptional legal services both in and out of court, as well as during and after transactions. Our crew is well-known for its meticulousness, hard effort,...
Omar Said & Co. Advocates

Omar Said & Co. Advocates

Mombasa, Kenya

Founded in 2018
50 people in their team
Swahili
English
FIRM OVERVIEWOSA is a law firm offering corporate and legal consultancy which opened its doors in Mombasa on 1st April, 2018 by Omar Said Hemed Advocate whom after working in Africa’s leading law firm, Anjarwalla & Khanna Advocates for eleven (11) years felt that the legal market was ready...
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About Probate Law in Kenya:

Probate is the legal process through which a deceased person's assets are distributed to their beneficiaries. In Kenya, Probate is governed by the Law of Succession Act, Cap 160. This Act provides guidelines on how estates are administered and distributed upon the death of an individual.

Why You May Need a Lawyer:

You may need a lawyer to assist you in the Probate process if you are facing challenges with the distribution of assets, disputes among beneficiaries, or complex legal issues. A lawyer can help ensure that the estate is administered correctly and in accordance with the law.

Local Laws Overview:

In Kenya, Probate is regulated by the Law of Succession Act, Cap 160. This Act outlines the procedures to be followed in the administration of estates, the rights of beneficiaries, and the powers and duties of personal representatives.

Frequently Asked Questions:

1. What is Probate?

Probate is the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property according to their will or the law.

2. Who can apply for Probate in Kenya?

Any person named as an executor in the deceased person's will or any person entitled to administer the estate under the Law of Succession Act can apply for Probate in Kenya.

3. What is the role of the executor of a will?

The executor is responsible for collecting and managing the deceased person's assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will.

4. Can Probate be contested in Kenya?

Yes, Probate can be contested in Kenya. If there are disputes regarding the validity of the will, the appointment of the executor, or the distribution of assets, interested parties can challenge the Probate application in court.

5. How long does the Probate process take in Kenya?

The Probate process in Kenya can take several months to complete, depending on the complexity of the estate, the number of beneficiaries, and any disputes that may arise during the administration of the estate.

6. What happens if a person dies without a will in Kenya?

If a person dies without a will in Kenya, their estate will be distributed according to the Law of Succession Act. The estate will be distributed to the deceased person's next of kin in a specific order outlined in the Act.

7. How can a lawyer help with the Probate process in Kenya?

A lawyer can assist with drafting a will, applying for Probate, representing beneficiaries in court, resolving disputes, and ensuring that the estate is administered in accordance with the law.

8. Are there taxes on inherited property in Kenya?

Yes, there are taxes on inherited property in Kenya. Beneficiaries may be required to pay estate duty and capital gains tax on inherited assets, depending on the value of the estate and the type of assets involved.

9. Can a Probate application be rejected in Kenya?

Yes, a Probate application can be rejected in Kenya if the court finds that the application is invalid, the will is not properly executed, the executor is unsuitable, or there are other legal grounds for rejection.

10. How much does it cost to hire a lawyer for Probate in Kenya?

The cost of hiring a lawyer for Probate in Kenya can vary depending on the complexity of the estate, the lawyer's experience, and the services required. It is advisable to discuss fees and charges with the lawyer before engaging their services.

Additional Resources:

For more information on Probate in Kenya, you can refer to the Judiciary's website, the Law Society of Kenya, or consult with a qualified lawyer specializing in Probate and estate planning.

Next Steps:

If you require legal assistance with Probate in Kenya, it is advisable to consult with a lawyer who has experience in handling Probate cases. The lawyer can guide you through the process, represent your interests in court, and ensure that the estate is administered properly and according to the law.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.