Family Law, Succession & Estate Planning
At George Kogi & Company Advocates we hold dear that a family is the basic unit of society and the importance of family must be emphasized.
Children – Article 53 of the Constitution of Kenya provides of the best interest of a child. We advise our clients in the following issues related to children;
- Adoption
- Parental responsibility Agreement
- Custody and Maintenance
- Children in Conflict with the Law
- Guardianship
Divorce & Separation – Divorce is the legal dissolution of a marriage. Under the Marriage Act 2014, a Party to a marriage can petition the court for a decree for the dissolution of the marriage on the grounds of;
- One or more acts of adultery
- Cruelty whether mental of physical
- Desertion
- Exceptional Depravity
- Irretrievable breakdown of the marriage
Judicial Separation is based on the similar grounds as the divorce petition. It provides spouses who are not sure if they want to divorce, time to reflect and make a decision about their marriage.
At George Kogi & Co. Advocates we are able to provide guidance and advice to our clients on whether divorce or separation would better suit them.
Succession – is the transfer or redistribution of the property of the deceased, to the person or people entitled, either by will or operation of law. This is dependent on whether the deceased died testate (having made a will) or intestate. This is governed by the Law of Succession Act.
For Testate succession involves the personal representative or executor needing to obtain a grant of probate to prove that the will is genuine. The probate allows the executor or personal representative to distribute the estate of the deceased accordingly. At George Kogi & Company we have successfully obtained grant of probate and challenging of wills in court.
Intestate Succession one must apply for letters of administration in order to be able to distribute the estate.
We have successfully represented our clients in;
- Obtaining Grants of Representation
- Grant de bonis non administrates (of goods not administered) – Grant is given where the personal representative has not completed the administration of the estate either because of death or some other reason. It is limited to the purpose of administering the un-administered part of the estate.
- Grant of administration pedente lite (pending litigation) – Grant is given to a person/s simply to preserve the estate during litigation
- Limited Grant – ad Colligenda de functi (collecting the goods of the deceased) – This applies where it is necessary to secure the estate assets that may be at risk pending administration
- Citation – is a command to person entitled to apply for a grant ordering him to act within a specified period to apply for the grant or confirmation of a grant.
- Protest
- Revocation of Grants
- Renunciation
- Objections
- Rectification
- Resealing of Grant of Probate or Grant of Letters of Administration – A grant or its equivalent that is made by a competent foreign court may have the same effect, force and operation in Kenya as if granted by a Kenyan Court.
Estate Planning – is the process of preparing during a person’s life, for the management and disposal of their assets in the event of death or incapacitation. The planning includes distribution of assets to heirs as well as reducing uncertainties when it comes to the estate. Estate planning involves;
- Wills
- Trusts
- Beneficiary Designations
- Gifts
- Power of Attorney
