I’m the only girl in a family of six; am I entitled to my father’s inheritance?
Many girls are still disinherited by their families from getting a share of their parents' estates.
What you need to know:
- the Law of Succession Act governs inheritance, which is referred to as the distribution of a deceased person’s estate when they die.
- The Act ensures that children, whether born in or out of wedlock, have equal rights when it comes to inheritance.
- To begin with, the Constitution upholds gender equality and non-discrimination.
My father passed away and left no will. I am the only girl in the family with five brothers who say I cannot inherit any of our deceased parents’ properties on the basis I am a woman. They told me this in the presence of elders who tried to mediate. Is this legal?
Dear Vivian,
Nkirote,
Meru
Dear Nkirote,
The Kenyan legal framework provides robust protection for women’s property rights, even in cases where there is no will.
To begin with, the Constitution upholds gender equality and non-discrimination.
It specifically provides that women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural, and social spheres.
In addition, the Law of Succession Act governs inheritance, which is referred to as the distribution of a deceased person’s estate when they die.
The Act ensures that children, whether born in or out of wedlock, have equal rights when it comes to inheritance.
Further, you should note that mediation is a preferable method to resolve disputes amicably.
However, the outcome should be fair and just to all parties involved. If you believe that the outcome of the session was unfairly influenced by gender discrimination, you have the right to challenge this distribution.
The principles of natural justice and fairness must be upheld, ensuring that you, as a daughter, receive an equitable share of the property.
Several cases in Kenya have reinforced the importance of gender equality in property distribution.
In the landmark case Rono v. Rono, the Court of Appeal emphasised the equal treatment of male and female children in matters of succession and inheritance, ruling that discrimination against female children in inheritance matters was unconstitutional and against the principles of equity and justice.
However, one common misconception is that children must always share or inherit equally.
Whereas the law talks about equal division of inheritance, it also emphasises principles of fairness and considers various factors in determining the allocation of assets.
What this means is that while children have a right to inherit from their deceased parent, the actual distribution may vary depending on factors such as financial need, contributions to the deceased’s estate, prior gifts and any existing agreements or arrangements.
It is crucial you seek legal redress from Women’s Rights Organisations or family lawyers.
As you do so, ensure you have the relevant documentation, which needs to be filed in court for approval and assessment of fees.
These documents accompany the petition filed in court by surviving dependents to obtain letters of administration over the property.
The vital documents include death certificate and letter from the local chief that clarifies the deceased’s beneficiaries and could also include his properties and estate.
The Constitution and laws of Kenya provide robust protections for women, and the Judiciary has demonstrated a commitment to upholding these principles. Therefore, do not hesitate to seek legal redress to achieve a fair and just outcome.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
