Is a child entitled to their parent's inheritance during divorce, or after divorce?

Under Kenyan law, children do not typically inherit property directly after a divorce. However, depending on the specific circumstances, children may indirectly benefit from any property division or other financial arrangements made between their parents during a divorce.

In Kenya, divorce laws are governed by the Matrimonial Property Act, which provides for the division of marital property between spouses after a divorce.

The law recognizes both matrimonial property, which is property acquired during the marriage, and separate property, which is property owned by one spouse before the marriage or acquired by gift or inheritance during the marriage.

The Act provides that, in the event of a divorce, matrimonial property should be divided equally between the spouses, unless a court orders otherwise.

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In some cases, a court may order one spouse to pay child support to the other spouse for the maintenance of the children. This child support may include a share of the income or assets received by one of the parents as part of the property division.

Additionally, if one of the parents dies, any property or assets received by that parent may be subject to inheritance laws. Under Kenyan law, if someone dies without a will, their estate is divided among their surviving spouse and children in equal shares. 

In such case therefore, the children of a divorced man can inherit from him upon his death. If the man dies without a will, his estate will be distributed according to the laws of intestacy, which are governed by the Law of Succession Act.

Under the Act, if a man dies intestate, his estate is divided among his surviving spouse and children in equal shares. If the man is divorced at the time of his death, his ex-spouse is not entitled to a share of his estate, but his children are still entitled to a share.

On the other hand, if the man had a will, he may have designated specific beneficiaries, including his children. However, the terms of the will must comply with the laws of Kenya, and any provisions that violate those laws may be deemed invalid.

It's also worth noting that in some cases, a divorced man may have made other estate planning arrangements, such as setting up a trust, that could impact how his assets are distributed after his death.

Ultimately, the specific details of how a divorced man's assets will be distributed after his death will depend on a number of factors, including whether he had a will, the terms of any estate planning arrangements, and the laws of Kenya. 

If you have questions about how inheritance laws apply in a particular case, it's recommended that you consult with a qualified attorney who can provide advice based on the specific circumstances.

It's important to note that the specific details of property division, child support, and inheritance can vary depending on the circumstances of each case. If you have specific questions about inheritance laws in Kenya, it's recommended that you consult with a qualified attorney who can provide advice based on your individual circumstances.

Prior to Law of Succession (Amendment) Bill, the law included the deceased’s parents, grandparents, grandchildren, stepchildren, children whom the deceased had taken into his family as his own, brothers and sisters as well as half-brothers being maintained by the deceased prior to death, as beneficiaries. 

However, the Bill streamlined succession matters after concerns were raised that long lists of dependents sow confusion. The new law limits the dependents entitled to inherit property to only the spouse and children of the deceased—whether or not maintained by the deceased prior to death.

How can I make a claim for my child’s inheritance upon their father’s death, although I was divorced?

If the father of your child has passed away and you believe that your child is entitled to inherit from his estate in Kenya, there are several steps you can take to make a claim for their inheritance:

Confirm that your child is entitled to inherit: The first step is to confirm that your child is entitled to inherit from the father's estate. Under the Kenyan Law of Succession Act, the children of a deceased person are entitled to a share of the estate, even if they are minors or from a previous marriage. You will need to gather any documents that establish your child's relationship to the deceased, such as a birth certificate.

Check whether the deceased had a will: If the deceased had a will, the will should indicate how their assets are to be distributed. You should check with the probate court to determine if a will exists. If a will exists, you will need to determine whether your child is named as a beneficiary.

File a claim with the court: If the deceased did not have a will or if your child was not named as a beneficiary in the will, you can file a claim with the probate court to request a share of the estate on behalf of your child. You will need to provide evidence of your child's relationship to the deceased, such as a birth certificate, as well as any other documents that support your claim.

Hire a lawyer: In order to make a successful claim for your child's inheritance, it is recommended that you hire a lawyer who is experienced in inheritance law in Kenya. The lawyer can guide you through the legal process, help you gather the necessary documents, and represent you in court if necessary.

Attend court hearings: Once you have filed a claim with the probate court, you will need to attend any hearings that are scheduled. The court will consider your claim and make a determination about how the deceased's assets should be distributed.

Overall, claiming an inheritance in Kenya can be a complex and time-consuming process. However, with the help of an experienced lawyer, you can maximize your chances of success and ensure that your child receives the inheritance to which they are entitled.

Note: This article is intended for general informational purposes only and should not be construed as establishing an attorney-client relationship with any reader. The information, content, and materials contained herein are not a substitute for individualized legal advice from a qualified attorney, and readers with specific legal issues should contact such an attorney for guidance.