Family Law

Overview

Family legal matters are among the most personal a client will ever face. Distance — particularly when a client is based abroad — can make these matters more urgent and more complex. Our Family Law department handles succession, estate administration, matrimonial property, custody, and powers of attorney with the sensitivity these matters require and the cross-border understanding our diaspora clients need.

What We Do

• ›Wills & Testamentary Planning \u2014 We draft wills that are clear, legally sound, and consistent with the testator’s intentions — including provisions for minor children, property held in multiple jurisdictions, and business succession.
• ›Grant of Probate & Letters of Administration \u2014 We apply for grants of probate (where there is a will) and letters of administration (where there is no will), and manage the estate administration process through to distribution to beneficiaries.
• ›Intestate Succession \u2014 Where a person dies without a will, the Law of Succession Act sets out the default distribution rules. We advise families on these rules, identify all assets forming the estate, and manage the administration process.
• ›Power of Attorney \u2014 We draft PoAs tailored to specific purposes — land transactions, business management, bank account operations — and advise on the scope and limitations of the authority granted. For clients abroad, we advise on notarisation and consular legalisation procedures.
• ›Matrimonial Property & Divorce \u2014 The Matrimonial Property Act, 2013 governs the ownership and division of marital property. We advise on matrimonial property rights, represent clients in divorce proceedings, and negotiate property settlement agreements.
• ›Child Custody & Guardianship \u2014 The Children Act, 2022 governs all matters relating to children in Kenya. In custody matters, the welfare of the child is the paramount consideration. We represent parents in custody disputes and assist in applying for guardianship orders.

Diaspora Advantage