The Role of Kinship: Why Do Sister’s Sons Inherit Property

The Role of Kinship: Why Do Sister’s Sons Inherit Property?

If you’ve inherited a house with siblings and are having disagreements on how to divide it, it’s wise to learn about the process. Understanding your rights can help in any legal disputes that arise.

The Role of Kinship, Why Do Sister’s Sons Inherit Property

Start by checking the will or trust document to see what share of the home you’ve been given. Did the deceased leave instructions on whether to sell the home or keep it in the family?

If there are no specific instructions, the executor or trustee can decide how to deal with the property as long as it benefits the trust or estate.

Executors and trustees must act in the best interests of the estate or trust, even if it means making decisions not everyone agrees with.


What are sibling inheritance laws?

When someone dies and leaves the property, there is a specific way their things are given to their family.

Usually, brothers and sisters are not first in line to get these things. This is where intestate succession and intestacy come in.

If you have never heard of these, you might wonder: what are they?

Intestacy is when someone dies without a Will, or when some of their stuff was not mentioned in their Will.

Their things will likely go to court and be given out according to their state’s laws. Intestate succession is how the person’s things are given to their family.

Usually, the order is this: the person’s spouse or partner and children first, then their parents.

If their children are no longer alive but have their kids, those grandchildren might get the things.

If the person who died has no spouse, children, or grandchildren, and their parents are gone too, then their brothers and sisters would get the things.

Sibling inheritance laws are important when someone dies without making a Will, or when everyone named in the Will has already died.

Who are the Dependants under the law of succession in Kenya?

Other people who can inherit the property of someone who has died and are considered dependents include the deceased’s parents, step-parents, grandparents, grandchildren, stepchildren, children treated as the deceased’s own, and siblings, half-siblings, brothers, and sisters.

What is Section 32 of the Succession Act Kenya?

Sections 32 and 33 of the main Act specify that certain regions in Kenya predominantly occupied by pastoralist communities are not subject to the Act. Instead, the inheritance of livestock, crops, and agricultural land in these areas is governed by the relevant customary law.

The Law of Succession Act, based on Western legal principles, grants equal inheritance rights to both male and female children, whether married or unmarried, in their parents’ property.

Do siblings have the right to inherit?

State inheritance laws ensure that siblings are treated equally when dividing estate assets, typically resulting in an equal division.

However, if siblings prefer a different distribution, they must agree after the estate is settled. Legal documents such as wills can also guide this process.

Are children entitled to inheritance in Kenya?

Court of Appeal judges have stated that cultural practices discriminating against children based on their parent’s marital status should be condemned.

They affirmed that any child born out of wedlock has the right to inherit from the wealth left by their deceased parents.

Will your siblings inherit your Estate?

Avoiding confusion over sibling inheritance laws is just one reason why estate planning is crucial. By creating a Will or Trust, you can dictate how your property will be distributed.

If you want to ensure a sibling or another heir receives a portion of your estate, it’s best to formalize it in a legally binding document.

This can help prevent family conflicts and keep your estate out of probate court.

Trust & Will offers affordable online document creation tailored to your state’s laws.

Take our free online quiz to start planning your estate and avoid intestacy and family disputes.

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