Succession disputes in Kenya rarely arise from one issue alone. They often emerge at the point where family expectations, testamentary wishes, estate administration, land ownership, rental income, and the authority of personal representatives intersect. A family may have a Will, a confirmed grant, or an appointed executor, yet still disagree on how estate property should be preserved, managed, sold, accounted for or distributed.

Where the estate includes land, rental property, shares, a family business or other valuable assets, the dispute can become more complex. Beneficiaries may question whether an executor or administrator has authority to sell property. A person collecting rent may be asked to account. A purchaser may claim protection after buying estate land. A Kenyan living abroad may discover that property in Kenya has been transferred, charged or developed without their involvement.

The Court of Appeal decision in Rachael Chepkemoi Saikwa & another v Vomorono Limited & 4 others [2026] KECA 1250 (KLR) illustrates these risks. The deceased had left a written Will. Executors had been appointed. A grant of probate had been issued and confirmed. Yet the estate remained in litigation for years over estate property, alleged transfers, rental income, sale agreements, preservation orders, purchaser claims, contempt, and the conduct of the executor.

The key lesson is that succession authority must be exercised lawfully and transparently. A Will identifies the deceased’s wishes. A grant gives authority to administer. Confirmation permits distribution of capital assets. None of these gives a personal representative a free hand to misuse estate property, disregard beneficiaries, ignore accounts, or defeat court orders.

A Will Does Not Automatically Transfer Property

A Will is an important estate planning document. It states how a person wishes his or her property to be dealt with after death. It may also appoint the persons who will administer the estate. Those persons are called executors.
However, a Will does not by itself transfer title to beneficiaries. The estate must still go through the succession process. Where the deceased died testate, the executor applies for probate. Where there is a Will but no executor was appointed, or the named executor cannot act, the court may issue letters of administration with the Will annexed.

In practical terms, the Will identifies the intended beneficiaries and the mode of distribution. The executor or administrator then administers the estate and transfers or distributes the property in accordance with the Will and the confirmed grant.

This is why succession disputes may still arise even where there is a Will. Beneficiaries may disagree over rent, land sales, exclusion from the estate, lack of accounts, or the conduct of the person administering the estate.

Executor, Administrator and Personal Representative

An executor is appointed under a Will.

An administrator is appointed by the court through letters of administration. This usually happens where there is no Will, no executor, or the named executor cannot act. A personal representative is the broader term. It includes both an executor and an administrator.

This distinction is important because a person handling estate property must have legal authority. A relative who has no grant should not take possession of, sell, rent out, transfer or otherwise deal with estate property. Such conduct may amount to intermeddling under section 45 of the Law of Succession Act.

Can an Executor or Administrator Sell Estate Property?

An executor or administrator may, in appropriate cases, have power to sell estate property. For example, a sale may be necessary to pay debts, meet administration expenses, or distribute the estate fairly.

However, that power is not absolute.

The better legal question is not merely whether the beneficiaries consented. The better question is whether the sale is authorised by law, the Will, the grant, the confirmed grant, the purpose of administration, and any court orders affecting the property.

As a general rule, immovable property should not be sold before confirmation of grant. Even after confirmation, the personal representative must act in good faith and for the benefit of the estate. He or she should not conceal transactions, ignore beneficiaries, fail to account, act in conflict of interest, or disobey court orders.

A sale may therefore be challenged where there is evidence of lack of authority, fraud, concealment, breach of fiduciary duty, conflict of interest, failure to account, breach of the confirmed grant, or breach of preservation orders.

Can Beneficiaries Challenge Dealings With Estate Property?

Yes. Beneficiaries are not helpless merely because one person holds the grant or controls the property. Depending on the facts, a beneficiary may seek preservation orders, an inhibition or restriction against the title, orders for accounts, cancellation of unlawful transfers, revocation or annulment of grant, removal or substitution of the personal representative, or contempt proceedings where court orders have been disobeyed.

Timing is critical. Once property has been transferred to a third party, charged to a bank, developed or sold onwards, the dispute becomes more complicated and expensive.

Beneficiaries should act promptly where estate property is being sold, transferred, charged, developed or rented out without proper authority or transparency.

What About Rental Income From Estate Property?

Rental income from estate property forms part of the estate unless it has been lawfully distributed or otherwise dealt with under the Will, confirmed grant or court order. A person collecting rent from estate property may be required to account. This includes an executor, administrator, beneficiary, relative, caretaker, agent, or any other person in control of the property.

The duty to account is central to succession administration. It prevents one person from collecting rent for years while excluding the other beneficiaries. This issue commonly affects Kenyans living abroad. A relative in Kenya may collect rent from family property without giving statements or remitting any share to the estate. Where that happens, beneficiaries should seek legal advice early.

Can a Buyer Safely Buy Land From an Executor or Administrator?

A buyer may purchase estate property from a personal representative. However, succession property requires enhanced due diligence. A land search alone is not enough.

A prudent buyer should review the grant, certificate of confirmation of grant, Will where applicable, succession court file, pending applications, court orders, consents, restrictions, cautions, inhibitions, and the authority of the personal representative to sell.

Section 93 of the Law of Succession Act protects certain purchasers who deal with personal representatives. However, that protection is not a licence to ignore obvious succession disputes.

In the Saikwa case, the sale agreement itself acknowledged the pending succession cause and made completion dependent on the outcome of those proceedings. The Court treated that knowledge as significant.

The practical point is clear. A purchaser who knows that estate property is under active succession litigation assumes the risk of the outcome. Buyers, developers and lenders should therefore treat estate land as a high due diligence transaction.

Can an Executor or Administrator Be Removed?

Yes. The court may revoke or annul a grant under section 76 of the Law of Succession Act.
The grounds may include defective proceedings, fraud, concealment of material facts, untrue allegations, failure to administer the estate diligently, failure to produce accounts, false accounts, or where the grant has become useless or inoperative.

However, revocation must follow due process. The affected executor or administrator must be notified of the allegations and given an opportunity to respond. The practical lesson is that misconduct may justify removal, but the application must be properly prepared and supported by evidence.

Why This Matters to Kenyans Abroad

Kenyans abroad are often vulnerable in succession matters because they may not be present to monitor land records, rent collection, court proceedings or dealings by relatives. Where the estate includes immovable property in Kenya, Kenyan succession law applies to that property. A beneficiary abroad should therefore not assume that informal family arrangements will protect land in Kenya.

A beneficiary abroad should confirm whether succession proceedings have been filed, obtain copies of the grant and certificate of confirmation of grant, conduct official searches on known estate properties, request accounts for rent or sale proceeds, and act promptly where property is being sold, transferred, charged or developed without proper authority.

Key Takeaway

An executor or administrator holds estate property in a fiduciary capacity. The office carries authority, but it also carries duties. A Will identifies the deceased’s wishes. A grant gives authority to administer. Confirmation permits distribution of capital assets. None of these gives a personal representative a free hand to misuse estate property, disregard beneficiaries, ignore accounts, or defeat court orders.

Beneficiaries should act promptly where estate property is being mismanaged. Buyers should conduct proper succession due diligence before purchasing estate land. Kenyans abroad should actively monitor family property in Kenya and seek legal advice where there are suspicious dealings.

Need Help With a Succession Matter in Kenya?

Kaaya Memba & Company Advocates advises and represents clients in succession disputes, probate, letters of administration, contested Wills, revocation of grants, preservation of estate property, recovery of rental income, and inheritance disputes involving Kenyans living abroad.

For legal assistance, contact us through info@kmlawchambers.com.

Disclaimer

This article is for general legal information only. It is not legal advice and should not be relied upon as advice on any specific succession matter. Succession disputes are fact-sensitive and may turn on the Will, the grant, the certificate of confirmation of grant, court orders, land records, family relationships, and the conduct of the parties. Readers should seek specific legal advice before taking or refraining from any action.