Avoidable Court Battles: The Cost of Dying Without Estate Plan

The deaths of prominent Kenyans have repeatedly been followed by bitter court battles over multimillion-shilling estates. Beneficiaries fight for years as questions arise over contested wills, trusts, property ownership and distribution.

The succession dispute over the estate of former minister Mbiyu Koinange, who died in 1981, has stretched more than four decades without final agreement among the beneficiaries. Former minister Njenga Karume died in 2014, yet the court only confirmed the grant in his succession case last year.

Families of former intelligence chief James Kanyotu, former Assistant Minister Gerishon Kirima and politician John Keen have similarly been locked in prolonged disputes. Moses Mathini, head of Legal and Private Wealth at Liaison Group, explains how Kenyans can avoid or navigate such fights.

Money does not prevent disputes; silence does. In many established families the parents built the wealth but never spoke openly with their children about how it would be protected and passed on. Polygamous or blended families, land never formally transferred from a grandparent, and businesses without clear ownership structures all feed the contention.

Common mistakes begin with procrastination. People delay estate planning because they feel healthy and do not contemplate death. They die without a will or trust, or they make informal arrangements that invite challenges. Beneficiary details on insurance policies, pension plans and bank accounts often go unupdated.

Land left in a deceased parent’s or grandparent’s name for decades creates further problems. Family businesses are treated as personal property with no succession structure, so when the founder dies no one knows who should run or own them. Parents assume the children will simply agree. They rarely do once emotions and money mix.

When someone dies without a clear plan the Law of Succession Act decides who inherits. An administrator must be appointed through court. If there is disagreement over who should serve or how the estate should be shared, the process can last years. Every asset must be identified, valued and transmitted through probate and administration.

A valid will remains useful but still requires court validation. A living family trust offers a stronger alternative. It can begin working while the settlor is alive and continues after death. Since the Trustees (Perpetual Succession) Act was amended in 2021, family trusts have become easier to set up and register in Kenya and carry tax advantages.

Assets placed in a properly constituted trust generally sit outside the personal estate and can bypass probate. The family is not left waiting on court timelines. Trusts prove especially useful for business owners seeking continuity, parents with minor children or dependants with special needs, and blended or polygamous families seeking to limit conflict.

Many pensions, insurance policies, SACCO savings and investment accounts already have their own beneficiary nomination forms. If these are kept current and the living trust is named as sole beneficiary, payouts can occur faster without full probate.

Mathini’s practical steps are straightforward. Secure a professionally drafted trust deed, register a living family trust and appoint a corporate trustee. Update every beneficiary nomination so the trust is the sole recipient. Keep a simple written record of what is owned and where. Talk openly with the family while still able to answer questions.

A short honest conversation about intentions often prevents more disputes than any legal document alone.