Only son? Think again: Court says daughters have equal claim to estate
Court rejects notion that being an only son gives one sole control over parent’s estate
A court has ruled that sons and daughters possess equal rights to a deceased parent's estate, dismissing the notion that only the male heir should hold sole control. The Magistrate’s Court emphasized that gender does not confer a privileged status over the other in succession law. Son Samwel Gitau sought to be the sole administrator of his father's estate, citing his position as the only son.
However, the court rejected this claim, stating that no legal basis supported such entitlement. Instead, Gitau was appointed joint administrator with Joyce Nekesa, granting him a share in management rather than exclusive control. The court relied on Section 66 of the Law of Succession Act, which grants discretion to the court in designating the estate's administrator, prioritizing the best interests of all involved.
The statutory order of preference merely serves as a guide and does not guarantee a beneficiary an automatic right to administer the estate. The court acknowledged Gitau's concern about his lack of involvement in previous proceedings but deemed it insufficient to justify sole administration. The ruling aims to resolve the dispute and prevent indefinite stagnation in estate administration, while mandating the joint administrators to file necessary documents within 30 days to keep the process moving forward.
Written by urgent.news from Nation Africa's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
