Q: Is equal inheritance for your children really fair?
A: Not always.
Leaving equal shares to your children often feels like the fairest choice, and in many cases it may be. However, equal does not always mean fair.
Consider this: if one child is still in school and another is already working and financially stable, should they receive the same share when the younger child may still need support for education? Or if one child has special needs and requires lifelong care, would equal distribution really meet their needs?
Kenyan courts have affirmed this position and have recognized that in some situations, equal distribution could actually result in injustice.
That said, when a person dies without a will, the intestacy rules under the Law of Succession Act apply, and the estate of the deceased person is typically shared equally among the children. This may not reflect the true intentions of the deceased.
A good estate plan gives you the flexibility to provide for your loved ones according to their specific needs. When your wishes are clearly set out and communicated to your family, it reduces uncertainty and conflicts.
Now you know—plan wisely.
This is general information only. Contact us for legal advice.
