Q: Is the Firstborn Son Entitled to a Larger Inheritance?
A: No.
In many cultural settings in Kenya, the firstborn son is expected to assume leadership of the family. By virtue of that role, he is often perceived as deserving a larger share of the family estate. These cultural expectations continue to influence succession matters today.
In reality, traditional expectations and legal entitlement are not always the same.
Under the Law of Succession Act, where a person dies without a Will, children are generally entitled to inherit equally. The law does not recognise birth order or gender as a basis for preferential treatment.
Where a valid will exists, a parent may distribute their assets as they wish, including allocating a larger share to the eldest son, provided reasonable provision is made for other dependants. In some cases, a larger allocation may be justified. For example, where the eldest son has actively contributed to building the family assets and has shown strong leadership, a parent may consider him better positioned to manage assets.
However, if the eldest son lacks discipline or competence, granting him a larger share could jeopardise the estate and create division within the family.
Inheritance should be based on fairness, contribution and structured planning. Birth order and gender alone does not create legal entitlement.
Now you know- Plan wisely.
This is general information only- contact us for legal advice.
