Who counts as a dependant who can claim from an estate?
Law of Succession Act · sources read 4 Oct 2026
The deceased's wife or wives (the Act also names former wives) and children always count as dependants, whether or not the deceased supported them. Parents, step-parents, grandparents, grandchildren, step-children, children taken in as one's own, and brothers, sisters and half-siblings count only if the deceased was supporting them just before death.
- Deadline
- Apply before the court confirms the grant. After confirmation, a dependant's application cannot be brought.
- Where
- The succession (probate and administration) registry of the magistrate's court, or the High Court for bigger estates
What you need
- Form P&A 96 (if no grant has been applied for) or Form P&A 106 (if a grant was made but not yet confirmed), with an affidavit setting out the facts
Steps
- If you are a dependant and the will or the no-will rules leave you without fair provision, apply to the succession court for reasonable provision.
- File at the court handling the estate: the magistrate's court within its money limit, or the High Court.
Watch out
- Parents, siblings, step-children and grandchildren must show the deceased was supporting them immediately before death; being related is not enough.
- Being a dependant does not give a fixed share; the court decides what reasonable provision to make.
Who this covers
- Wife or wives, former wife or wives, and children of the deceased, supported or not.
- Parents, step-parents, grandparents, grandchildren, step-children, children taken in as one's own, brothers, sisters and half-siblings, if the deceased was supporting them.
- A husband, if his late wife was supporting him just before she died.
Official sources (3)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 4 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