WHAT WILL YOUR FAMILY INHERIT: THE ASSETS OR THE ARGUMENTS?

By FCS Happi Kilongosi

Lately, there have been too many sudden deaths around me,including an uncle back in the village who had every reason to expect many more years. At almost every funeral, after the eulogies have been read and the tent has come down, a quieter conversation begins: Who has the title deed? Which child gets the plot by the road? Has anyone claimed the pension?

Too often those questions end up in court, where siblings stop speaking, and a widow can find herself locked out of the home she helped build. Most of this can be prevented with some planning while we are still alive and well.

Succession planning has a reputation for being a preserve for the very wealthy.  This presumption denies opportunity for the ordinary Kenyan to plan which occasions real harm to such families. Look at what you own: a plot in the village or a quarter acre you are still paying for, a house finished or half-built, SACCO shares, a car or a small business, savings in a money market fund, life cover through work. Then there is your pension, which for many working Kenyans is the largest asset they will ever hold. Together, that is an estate, and if anyone depends on you, it needs a plan for orderly distribution and seamless management.

If anything, middle-income families need one more than the rich. A wealthy family can absorb years of litigation. A household that ran on one salary often cannot get through three months of frozen accounts.

Without a will, the Law of Succession Act decides who inherits and in what shares. Before anything can be transferred or sold, a family member must apply to court for letters of administration, and every dependant, including any the family did not know about, has a right to be heard. A single objection can hold things up for years, and the legal costs come out of the estate meant to support the family.

A will still has to go through probate, so it does not keep your family out of court entirely. It does give the court and your family a clear record of your wishes, and that leaves far less room for argument.

The first steps are within reach for most of us. List what you own, where the documents are, and whose name each asset is in, along with any debts. Keep the documents together and tell one trusted person where to find them. Check your beneficiary nominations with your pension scheme, SACCO and insurer; many of us filled those forms on our first day at work and have not looked at them since.

Then have an advocate draft or review your will. It must be in writing, signed by you and witnessed by two people who do not benefit from it. Name an executor you trust and, if your children are young, a guardian. If you want property held for minors or a business kept running, ask about a family trust.  Since 2021 there have been amendments to the law of Trusts; the most recent being enactment of the Trustees Administration Act No.28 of 2026.  Ensure to review the plan whenever your life changes, whether through marriage, separation, a new child, or a new property.

The conversation matters as much as the paperwork. Many inheritance disputes are less about land than about someone feeling overlooked or surprised. Tell your family what you have and what you intend. If you are the adult child, it is fair to ask your parents, gently, whether they have put things in order. Some people also leave a short letter with their will explaining the reasoning behind particular decisions.

At CPF, we have a long-standing commitment to helping Kenyans plan for a secure retirement. We understand the value of fulfilling lives and through the CPF Mwamba Trust Fund, we extend this commitment to legacy planning, helping individuals and families ensure that what they have worked hard to build and accumulate is passed on according to their wishes and managed to align to their Vision.

We begin by understanding your vision, your dependants’ needs, and how you want your assets managed. We then guide you in selecting the most appropriate structure: a will, a trust, or a combination of both.

To learn more, visit www.cpf.or.ke or call us at +254 111 114000.

The writer of the article is the Manager of the CPF Mwamba Trust Fund