The grant has been gazetted, and then a brother files an objection claiming the will was made when the deceased was unwell. Succession disputes are common in Kenya, and the way the first few weeks are handled often shapes how they end.
On what grounds can a will be challenged?
Challenges commonly allege that the testator lacked testamentary capacity, that the will was executed under undue influence, that it was not properly attested, or that the document is a forgery. Evidence about the circumstances of execution, the witnesses, medical records where capacity is in issue, and the drafting lawyer’s file, is central. These are fact-intensive questions, which is why contemporaneous records carry so much weight.
What is family provision?
Separately from questions of validity, the Law of Succession Act (Cap 160) allows certain dependants of the deceased to apply to the court for reasonable provision from the estate where the will or the intestacy distribution did not provide for them adequately. The category includes spouses, children and others who were being maintained by the deceased. Applications of this kind have their own time limits, which is why dependants should seek advice early rather than after the estate has been distributed.
How are objections to a grant handled?
An objector files an objection or caveat, which turns the cause into a contentious matter to be decided on evidence. Where an objection proceeds, the court hears the parties and their witnesses before confirming or refusing the grant. Many objections are resolved through court-annexed mediation or negotiated family settlements, which preserve relationships better than a full hearing where that outcome is achievable. The judiciary sets out its mediation framework on judiciary.go.ke.
What should families do when a dispute looms?
Keep estate assets intact, communicate with all beneficiaries, and take advice before any sale or distribution. Estate assets should not be sold or committed while a dispute is pending without the court’s blessing. Where mediation is being considered, our arbitration and ADR practice can assist alongside our succession work; the court retains the final say over any settlement affecting minor beneficiaries.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.