3 min read440 words
Author: Gallant Law & Associates · Published: April 2025 · Jurisdiction: Kenya
Legal context: Law of Succession Act (Cap. 160) and the duties of personal representatives
A succession case can become particularly difficult when the family has obtained a grant but one person appears to have taken control of the estate. Could be one sibling who has collected rent from the deceased's property. Perhaps another beneficiary cannot obtain information about the estate. Or perhaps the administrator simply keeps saying, “We are still dealing with it,” while years pass.
So what can beneficiaries do? An administrator is not the owner of the estate in a personal capacity but rather a personal representative who has legal responsibilities to administer the deceased's estate for the benefit of those entitled to it.
These responsibilities include collecting and preserving estate assets, dealing with liabilities and debts, keeping proper records and ultimately distributing the remaining estate in accordance with the deceased's Will or the applicable intestacy rules.
The administrator is therefore expected to account for the estate. This is particularly important where estate property generates income. The law also provides mechanisms for dealing with administrators who fail to properly perform their duties. Depending on the circumstances, beneficiaries may seek appropriate orders from the succession court, including orders concerning accounts, administration, distribution or, where legally justified, revocation of a grant.
The fact that one person was appointed administrator does not mean that they have an unlimited right to make decisions for everyone else.
There is also an important distinction between administration and ownership.
The administrator's role is to manage the estate through the succession process. Beneficiaries have beneficial interests that must ultimately be dealt with according to the law.
If you are a beneficiary and believe an administrator is withholding information, collecting estate income without accounting for it, excluding beneficiaries, dealing with property improperly or simply failing to complete the administration, do not wait until the family dispute becomes unmanageable.
Start by establishing the position of the estate:
- What grant was issued?
- Has the grant been confirmed?
- What assets and liabilities were disclosed?
- Who are the beneficiaries?
- What distributions have been made?
- What remains outstanding?
- Are there proper accounts?
Succession disputes often become more complicated because family members rely on verbal accusations rather than documentation. A properly documented request for information and accountability can sometimes resolve the problem before litigation becomes necessary. Where it cannot, beneficiaries should understand the legal remedies available to protect the estate and their interests.
Being an administrator means carrying a legal responsibility. It is not a licence to control the family property.
Succession hub: Read Succession & Estate Planning in Kenya: A Practical Guide for Families →
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This article is general legal information, not legal advice, and does not create a lawyer–client relationship.