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February 2, 2026
4h ago

Explained: How to Legally Contest a Will in Kenya

Explained: How to Legally Contest a Will in Kenya

The law dictates that a spouse, a child, or any person maintained by the deceased can apply to the court if they feel the will did not make reasonable provision for them...

✨ Key Highlights

Recent debates surrounding the contestation of wills in Kenya have highlighted legal provisions, particularly after a judge's will disinherited siblings in favor of a younger brother. This has prompted a re-examination of the Law of Succession Act (Cap 160) regarding inheritance disputes.

  • A will can be contested in court if it fails to make reasonable provision for a spouse, child, or dependent, or due to evidence of fraud or forgery.
  • The process involves filing a caveat at the High Court registry to halt the issuance of a grant of probate, followed by a formal objection within 30 to 60 days.
  • If a will is invalidated, properties are distributed according to a previous will or through intestacy rules if no prior will exists.

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