Law of Succession Act

36. Where intestate has left one surviving spouse but no child or children

Edition: 2022-12-31 · In force

36. Where intestate has left one surviving spouse but no child or children

(1)Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the net intestate estate to—

(a)the personal and household effects of the deceased absolutely; and

(b)the first ten thousand shillings out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and

(c)a life interest in the whole of the remainder:

Provided that if the surviving spouse is a widow, such life interest shall be determined upon her re-marriage to any person.

(2)The Cabinet Secretary may, by order in the Gazette, vary the amount specified in paragraph (b) of subsection (1).

(3)Upon the determination of a life interest created under subsection (1), the property subject to that interest shall devolve in the order of priority set out in section 39.[Act No. 8 of 1976, s. 8.]

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Source: Kenya Law