Law of Succession Act

31. Characteristics

Edition: 2022-12-31 · In force

31. Characteristics

A gift made in contemplation of death shall be valid, notwithstanding that there has been no complete transfer of legal title, if—

(a)the person making the gift is at the time contemplating the possibility of death, whether or not expecting death, as the result of a present illness or present or imminent danger; and

(b)a person gives movable property (which includes any debt secured upon movable or immovable property) which he could otherwise dispose of by will; and

(c)there is delivery to the intended beneficiary of possession or the means of possession of the property or of the documents or other evidence of title thereto; and

(d)a person makes a gift in such circumstances as to show that he intended it to revert to him should he survive that illness or danger; and

(e)the person making that gift dies from any cause without having survived that illness or danger; and

(f)the intended beneficiary survives the person who made the gift to him:

Provided that—

(i)no gift made in contemplation of death shall be valid if the death is caused by suicide;

(ii)the person making the gift may, at any time before his death, lawfully request its return.

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Source: Kenya Law