AGADVOKS GLOBALKENYA · ENGLISH
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Law of Succession Act

28. Circumstances to be taken into account by court in making order

Edition: 2022-12-31 · In force

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28. Circumstances to be taken into account by court in making order

In considering whether any order should be made under this Part, and if so what order, the court shall have regard to—
(a)the nature and amount of the deceased's property;
(b)any past, present or future capital or income from any source of the dependant;
(c)the existing and future means and needs of the dependant;
(d)whether the deceased had made any advancement or other gift to the dependant during his lifetime;
(e)the conduct of the dependant in relation to the deceased;
(f)the situation and circumstances of the deceased's other dependants and the beneficiaries under any will;
(g)the general circumstances of the case, including, so far as can be ascertained, the testator's reasons for not making provision for the dependant.
[L.N. 256/1976, Sch.]
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Source: Kenya Law