Inheritance Revolution: Kids of Deadbeat Dads Set to Claim Property Under New Law
The Senate received the 2023 Law of Succession (Amendment) Bill, presented by United Democratic Alliance (UDA) senator Veronica Maina, to amend the Law of Succession Act to ensure equitable property distribution among the offspring of deceased fathers.
Maina argues that the current Act unfairly disadvantages children born out of wedlock who lack official recognition from their fathers during their lifetime, labeling such fathers as ‘Deadbeat Dads’ who will be compelled to equally distribute property among their children if the Bill passes.
Under the existing Law of Succession Act, a child about a deceased male parent is defined as one whom he has formally acknowledged or taken responsibility for, excluding adopted or unrecognized children, which has been deemed discriminatory by Kenyan courts.
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The proposed amendment aligns with the Kenyan Constitution’s provisions for equal treatment of children, irrespective of their parent’s marital status, extending recognition to adopted children and those conceived before a father’s demise but born after.
Additionally, the Bill aims to safeguard the interests of children whose mothers were not married to the deceased, ensuring their inclusion in estate distribution during succession.
Further revisions include removing the provision that only widows forfeit life interest in their spouse’s property upon remarriage and extending this condition to widowers as well.
Lastly, the Bill seeks to repeal Section 39, which grants fathers priority in inheriting a deceased child’s estate, proposing equal inheritance rights for both parents in such cases.
Inheritance Revolution: Kids of Deadbeat Dads Set to Claim Property Under New Law
