Have you found yourself in a situation where you lost a loved one who left behind property? Have you been in a situation requiring you to deal with that deceased person’s property howsoever? Have you ever found yourself in a transaction relating to property belonging to a deceased person? Such transactions are like sale of land or other property, management of houses or other property, sale of a business etc.

When persons die leaving property behind, the property legally passes onto some beneficiaries. Before completion of the process of lawful transfer of such property to the rightful beneficiaries, there may be instances where people transact over the property.

The Law of succession Act governs the administration of estates of deceased persons in Kenya. Section 45 of the Act protects property belonging to the estate of a deceased person to ensure that it eventually only passes on to the rightful beneficiaries in law.

Any person who deals with, either by possessing or disposing of, a property that belongs to a deceased person without the express authority by law or the court, is said to be intermeddling. 

Intermeddling is an offence punishable by law: the intermeddler is liable to a fine, imprisonment or both.

Please seek professional guidance on how to deal with succession issues and especially how to handle any property belonging to deceased persons before authorisation is obtained to avoid crossing the law.

Reach out to your lawyer for further comprehensive guidance.