Section 40 of the Constitution of Kenya stipulates that every person has right to own land of any description in any part of Kenya. The National Land policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights. 

This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:- 

• The personal and household effects of the deceased 
• The intestate property but cannot sell this intestate property as the spouse is holding it on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the intestate property.
  Where the deceased has left a surviving child or children but no spouse, the intestate property will be transferred to the surviving child or divided equally among the surviving children. Where the deceased left no surviving spouse or children, the intestate shall be transferred in this order of priority: 
  • Father; or if dead,
  • Mother; or if dead
  • Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none 
•  Half -brothers and half sisters, and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none 
• Distant relatives up to the sixth degree in equal shares. If the deceased is not survived by any of the above then the intestate property estate shall be taken up by the state 

 As an owner of a beneficial interest in the land property, you can be part of making decisions involving the property, including how it is used and developed, and get a share of any income that is distributed from the property.. 

 Testate succession is where the deceased leaves a written or oral will. It is important to note that the deceased must have had the capacity (sound mind and off age) to make the will at the time of making the will. In other words, the deceased must have had the knowledge and approved the contents of the will.