Q: Does Marriage disinherit a daughter?
A. No it does not.
Many people still believe that once a daughter gets married, she loses the right to inherit from her parents with the assumption that she will inherit from her husband instead. The Kenyan courts have consistently held that customs that exclude daughters from inheritance are discriminatory and unlawful.
Under the Law of Succession Act, where there is no Will, all children are entitled to an equal share of a parent’s estate, regardless of gender or marital status.
This is backed by Article 27 of the Constitution which guarantees equality and freedom from discrimination. Therefore marriage does not cancel the right to inheritance and a son will not have priority over a daughter whether she is married or not.
On the other hand, if there is a valid Will, then a parent can determine how property will distributed as long as they leave reasonable provision for all their children.
Now you know- Plan wisely.
This is general information only- contact us for legal advice
