Stop the deadly family feuds over inheritance
What you need to know:
- Because the court process sometimes takes several years, many family members cannot access the disputed property.
- It becomes a double tragedy as a family that has lost a key member is driven into penury by the dispute.
The death of a family member is always a traumatic experience and a huge loss, but worse if he or she was the breadwinner. However, in many families, this also marks the beginning of feuds over the sharing of the property left behind by the deceased. In many families, disputes end up in court, disrupting members’ lives.
Because the court process sometimes takes several years, many family members cannot access the disputed property or even bank accounts for their upkeep. It becomes a double tragedy as a family that has lost a key member is driven into penury by the dispute.
The property succession fights in the wealthy and prominent families often play out in the public arena, hogging media coverage. A common joke is that it takes the death of the head of the family to fuel hatred and drive siblings apart. In some families, the influential members will disinherit their siblings.
The latest feud is that of the family of prominent Uasin Gishu County farmer and politician Jackson Kibor, hardly a month after his death. A bitter row has erupted with Kibor’s youngest widow alleging a plot to disinherit her from the property left behind by her husband. She claims that she was not only ejected from her matrimonial home but also physically assaulted in a bid to silence her.
These ugly fights can be avoided. One of the major solutions to encourage people to write a will, detailing in it how their property should be shared out when they die. And although a will is not always foolproof, as these documents can also be challenged in court, writing one is a prudent strategy to prevent deadly fights when the head of a family passes on.
According to the Kenya National Bureau of Statistics, 26 per cent of all Kenyan families have experienced succession conflicts. A survey also found that six out of 10 people die without having written their will, exposing their spouses and children to deadly fights over property.
Legal experts advise families to avoid inheritance disputes by planning their estate. This is the preparation for distribution and management of one’s property and assets upon death. Though no guarantee, it reduces the possibility of a conflict.
