Sn 1 EP 07: Understanding The Transfer of Property Under Succession in Kenya – The Ultimate Beginner’s Guide

Sn 1 EP 07: Understanding The Transfer of Property Under Succession in Kenya – The Ultimate Beginner’s Guide

The Transfer of Property Under Succession is a subject of wide interest in Kenya. In many of our communities, when the breadwinners in families pass away, there is usually quite a bit of contention over the property of a deceased person. Especially when that deceased person’s intentions were unknown. Even worse, in instances where the deceased had more than one family, the contention can be extreme.

In today’s episode of the podcast, we delve into the transfer of property that is the subject of the process of succession (the property of a deceased person), and how these processes interact with the transfer and registration of ownership.

• What is succession?
• What laws govern the process of succession?
• Some common legal terms that feature under the process of succession.
• Why shouldn’t you attempt to transact on the property of a deceased person that has not duly gone through the succession process?
• How do the law courts administering over succession claims identify the beneficiaries of a deceased person?
• Who can legally transact the property of a deceased person?
• Are there any distinctions between the legal and common practice in transacting the property of a deceased person?
• Scenarios demonstrating the legal thresholds for the transfer of property under succession.

This episode seeks to demystify the processes by which The Transfer of Property Under Succession is undertaken. These processes invariably take lengthy periods of time because of the legal thresholds established on the law that governs succession.

It is imperative for investors to understand some of the precepts in this podcast and how those play into the due diligence processes they undertake before they attempt to acquire the property of a person who is since deceased.

Legally, there are no restrictions that stop The Transfer of Property Under Succession. However, it is imperative to understand who has the legal right to do so, so that you can protect your interests. It is also important to note that by interfering with the property of a deceased person before his or her beneficiaries have been legally settled, you may also open yourself up to legal jeopardy of a criminal nature.

This podcast episode is not a substitute for legal advice. We recommend strongly that anyone seeking the Transfer of Property Under Succession contract a legal practitioner to assist them with undertaking due diligence, and ensure that they have complied with the law!

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Sn 1 EP 07: Understanding The Transfer of Property Under Succession in Kenya – The Ultimate Beginner’s Guide

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