Six months after the funeral, the family is still assembling documents and asking the question every succession family asks: how long will this take, and what will it cost?
Which court handles succession causes in Nairobi?
Succession causes are filed in the court with jurisdiction over the estate. In Nairobi that is commonly the Family Division of the High Court, or a magistrates’ court exercising jurisdiction under the Law of Succession Act (Cap 160) for estates within its value limits. Filing in the wrong forum costs months, so the choice should be confirmed at the outset. Checking the forum with the registry before filing avoids a restart.
What fees are payable?
- Court filing fees under the judiciary’s prescribed fee schedule.
- The fee for publication of the notice of the petition in the Kenya Gazette.
- Charges for swearing, commissioning and copying the affidavits and the grant.
- Professional fees, which should be agreed in writing at the start of the instruction.
The amounts are prescribed from time to time, and the judiciary publishes guidance on judiciary.go.ke. Budget for the gazette notice and copying charges as early costs; they arise in every cause.
How long does an uncontested cause take?
Where the papers are complete and no objection is filed, a cause can move from filing through gazettement, the statutory waiting period and confirmation within a number of months. Contested matters, objections to grants, revocation applications, disputes over the distribution schedule, can run for years.
What causes avoidable delay?
- Incomplete petitions or missing beneficiary consents.
- Names, identity documents or parcel numbers that do not match registry records.
- Estates filed in the wrong forum.
- Distribution schedules tabled before the beneficiaries have agreed them.
- Assets discovered after filing, requiring an amended schedule.
Planning the cause properly at filing is an effective way to shorten it, and professional fees are usually modest against the cost of a cause restarted. CS Advocates LLP advises families and administrators on succession causes in Nairobi; see our practice areas and about the firm.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.