’m a widow seeking to remarry, but in-laws demand I forfeit matrimonial property

What you need to know:

• My husband left me with two acres of land, our matrimonial home and shares in two tea companies. We were, however, not blessed with children
• I recently informed my in-laws that I wish to remarry, but they instead threatened to evict me from the matrimonial home, saying Kenya’s succession laws do not allow me to inherit twice

Hi Vivian,

I lost my husband seven years ago in a road accident. He left me with two acres of land, our matrimonial home and shares in two tea companies. We were, however, not blessed with children. I recently informed my in-laws that I wish to remarry. They instead threatened to evict me from the matrimonial home, saying Kenya’s succession laws do not allow me to inherit twice and, therefore, should I choose to remarry, my late husband’s estate will remain with them. What is succession and what should I do?

Margaret Wamaitha,

Dear Margaret,

Succession is the transfer or redistribution of the property of the deceased to the person(s) entitled, either by will or by operation of law. The law of succession is concerned with the legal consequences flowing from death onto the deceased person’s property. This  depends on whether the person died testate (having made a will) or intestate (not having made a will).

The rules and principles relating to wills and the procedures for distribution of the deceased’s estate in Kenya are grounded in the Law of Succession Act.

From a historical perspective, this Act came into force in 1981 and was drafted with heavy reliance on the 1963 Constitution (now repealed) and the social orientation at the time. However, the promulgation of the 2010 Constitution brought about key legal provisions, particularly on matters of human rights. The Constitution emphasises equal protection of both men and women.

Your in-laws cannot evict you for the following legal grounds. One, you have the right to life interest, which refers to the legal interest of a surviving spouse in the net estate of the deceased spouse in the course of the surviving spouse’s lifetime.