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August 26, 2025
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Can a Divorced Wife Inherit Her Husband’s Property in Kenya?

Can a Divorced Wife Inherit Her Husband’s Property in Kenya?

There are several special instances when the law can allow inheritance...

✨ Key Highlights

In Kenya, a divorced wife's right to inherit her ex-husband's property is complex and not automatic, unlike that of a current spouse. This explainer clarifies the specific circumstances under which a divorced woman can legally claim a share of her deceased ex-husband's estate under the Law of Succession Act.

  • A divorced wife can inherit if explicitly named in the deceased's will, even if drafted before the divorce.
  • Under Section 26 of the Law of Succession Act, an ex-spouse may claim inheritance if proven to be a dependant, especially if already receiving maintenance like alimony.
  • The Matrimonial Property Act 2013 allows claims on properties acquired during marriage, but the division is based on proven contributions, which can be both monetary and non-monetary, and requires proof of co-ownership.

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