Can a widow or widower sell estate property during a life interest?
Law of Succession Act · sources read 3 Oct 2026
Yes, but only if the sale is needed for the spouse's own upkeep, and only with the consent of all co-trustees and all adult children, or of the court. Selling land or buildings always needs the court's consent.
- Where
- The succession (probate and administration) registry of the magistrate's court, or the High Court for bigger estates
Steps
- For property other than land, get written consent from all co-trustees and all the adult children, or ask the court for consent.
- For land or buildings, apply to the succession court for consent before any sale.
- A child or relative who objects to a sale can raise it at the succession court handling the estate: the magistrate's court within its money limit, or the High Court.
Watch out
- Land and buildings can never be sold on family consent alone; the court must agree.
- The spouse may give part of the estate to the deceased's children during the life interest, and the gift takes effect at once.
- Before a court grant, no one may sell or take the deceased's property at all.
Who this covers
- A husband or wife who got a life interest because the deceased died without a will and left a spouse and children.
- Also a spouse with a life interest where the deceased left no children.
Official sources (3)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 3 Oct 2026
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026
- Magistrate Courts judiciary.go.ke · read 3 Oct 2026