Aviator
Elder Lister
Huyu jamaa afanywe CJ
nation.africa
A woman is not entitled to inherit a share of properties owned by the parents of her husband, the High Court has declared while ruling on a decade-old succession dispute in which a widow was staking a claim to a share of her father-in-law’s estate.
The court, however, held that grandchildren whose parents are dead have a right to inherit the assets owned by their grandparents. “In intestacy (where a property owner dies without a will), whether under the Law of Succession Act or customary law, daughters-in-law are not entitled to a share in the estate of their dead parents-in-law,” said Justice William Musyoka.
The judgment also applies to sons-in-law. They cannot inherit the estates of their parents-in-law. Mr Musyoka explained that the Law of Succession Act does not even talk “about children-in-law and parents-in-law”. What the law recognises are the “children of such children-in-law”. They are entitled to the share that should have gone to their dead parents.
Widows have no stake in in-laws’ estate, says court
Their children are, however, entitled to the share their father would have received.
nation.africa
A woman is not entitled to inherit a share of properties owned by the parents of her husband, the High Court has declared while ruling on a decade-old succession dispute in which a widow was staking a claim to a share of her father-in-law’s estate.
The court, however, held that grandchildren whose parents are dead have a right to inherit the assets owned by their grandparents. “In intestacy (where a property owner dies without a will), whether under the Law of Succession Act or customary law, daughters-in-law are not entitled to a share in the estate of their dead parents-in-law,” said Justice William Musyoka.
The judgment also applies to sons-in-law. They cannot inherit the estates of their parents-in-law. Mr Musyoka explained that the Law of Succession Act does not even talk “about children-in-law and parents-in-law”. What the law recognises are the “children of such children-in-law”. They are entitled to the share that should have gone to their dead parents.
