Does land a parent gave a child before death count in inheritance?
Law of Succession Act · sources read 3 Oct 2026
Yes, when there is no will. Property a parent gave or settled on a child (or grandchild or house) during their lifetime is taken into account when that child's share of the estate is worked out, so it can reduce what they get.
- Where
- The succession case at the magistrate's court or High Court
Steps
- Raise the earlier gift in the succession case before the grant is confirmed. The court must be satisfied about every beneficiary's share before it confirms the grant.
- Succession cases and disputes are heard at the magistrate's court (within its value limits) or the High Court.
Watch out
- Where there is no spouse, the children share equally, but this equal split is subject to the rule on earlier gifts.
- No one can share out the estate's land or other assets until the grant is confirmed.
Who this covers
- Children, grandchildren and 'houses' of a person who died without a will (intestate).
- In a polygamous family, a 'house' means a wife and her children.
Official sources (2)
- 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