DIFFERENCE BETWEEN TESTATE SUCCESSION AND INTESTATE SUCCESSION
Succession is one of the most common ways through which one can acquire and own land in Kenya.
This is pegged to the traditional right to inherit property for the purpose of preserving the family heritage.
There are three types of succession that are mainly Intestate succession, Testate succession, and acquisition of a death certificate
Intestate Succession
This is a scenario when there is no will left by the deceased.
But if it happens that the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to: If the person died without a will, A local probate court then has to decide how to distribute your property.
While they follow state intestacy laws that try to mimic the final wishes of the average person, the actual wishes remain unknown. If the person dies without a will, the probate court will refer to local “intestate succession” laws to decide who will receive the property left behind.
Intestate succession is when a person dies without having made a will or the will is invalidated. Usually, the process starts with a letter from the local Chief that clarifies the facts of the deceased’s estate and the spouses and heirs. The Chief’s letter is always addressed to the court.
Testate Succession
This is a scenario where the deceased leaves a written or oral will.
The deceased person who has left a will is called a testator, and the will clearly states how the property will be distributed to the beneficiaries.
A will has quite a number of benefits that benefit its beneficiaries.
A will is basically a legally binding document that allows you to communicate your wishes and distribute your property after you die. It can also name an executor, provide guardians for children, and forgive debts.
Having a will can protect your spouse, your children, and your heirs from your state’s laws and streamline the process for your loved ones.
Some other benefits of having a will include:
Streamline Processes for Family and Loved Ones Following death.
Protect Inheritance for Heirs of Your Estate
Appoint an Executor
Reduce Stress for beneficiaries.
Avoid Standard Distribution Under the Law of Intestacy
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