Photo[:theconversation.com]
Lawyer David Chege Kamau says the Kenyan law recognizes children of a deceased whether born under or out of wedlock.
Speaking to Pearl Radio, Lawyer Kamau however noted that under the succession law one needs to provide evidence such as a birth certificate so as to have access to the inheritance of the deceased.
In regards to the children considered legal dependents of the deceased, the succession law allows them to apply for provision.
If the children of the deceased are not above 18 years the surviving spouse will hold the properties in trust of the children until they are of legal age.
In relation to whether the deceased’s children both male and female, are married or not, Lawyer Kamau noted that law states that they have a right to inheritance.
“And if the children are not above 18 years, they are not adults, the confirmation shall occur but the surviving spouse shall hold these properties in trust of the children till they are over legal age.” Lawyer David said.
He further noted Transfer on Death where the person who was writing on the purchase but deceases and thus a limbo and has to make way to the courts and ought and get a letter of administration.
Pertinence is for him/her to be considered as a beneficiary and thus becomes a financier of the sharing.
Vigilance of the aseity that the properties get to be shared equally and thus process that has levels of letters of administration thus if the will but a grant as no letter will not be there.30-60 days is the window of the process of the promulgation thus the public if one is not well noted thus if no powers will be bestowed to the administrator who will administer the grants and taken to court after 6months and now the beneficiaries share their portion.
Long Tussles and Tuffs on the family side of this also may lead to a long time administration of not less than 20 years.