Why Buyers of Deceased Estates Must Wait: No Good Title Before Confirmation of Grant

A critical ruling by the High Court in In re the Estate of Ezekiel Mulanda Masai (Deceased)[2025] KEHC 17447 (KLR) has firmly reinforced a foundational principle in Kenyan succession law: a buyer cannot acquire good title to property forming part of a deceased person’s estate unless and until the grant of representation is confirmed by the court.

This ruling is of significant importance to buyers, family members, land dealers, and practitioners dealing with deceased estates—particularly where land transactions are involved before a grant of letters of administration is confirmed.

The Core Facts
The applicants in this case had purchased various portions of land between 2005 and 2010 from individuals connected to the deceased’s family. They had taken possession and had lived on the land for years. However, they later discovered that the estate had since been administered and the land distributed through a confirmed grant that did not recognize them as beneficiaries or purchasers.

When they sought to revoke the grant, claiming they were innocent buyers, the court had to determine whether their purchases were lawful and whether they had any valid claim to the estate property.

The Legal Question: Can Property of a Deceased Be Validly Sold Before Grant Is Confirmed?

No. The court decisively held that no sale of immovable property forming part of a deceased person’s estate is valid unless the grant of letters of administration has been confirmed, and the personal representatives have been vested with the authority to transact. This position is rooted in Section 82(b)(ii) of the Law of Succession Act, which expressly prohibits the sale of immovable property before the confirmation of grant.

The court also emphasized that:

• At the time the buyers entered into agreements (2005–2010), there was no confirmed grant in existence;
• Some of the vendors (family members) had no legal authority to deal with the estate, not being administrators;
• Any transactions made before the grant was confirmed are not only void but legally meaningless, having no effect in law from the outset;
• Purporting to sell or buy estate land in such circumstances amounts to intermeddling—a prohibited and criminalized interference with the property of the deceased; and
• Purchasers in such scenarios have no claim under the succession proceedings and must seek remedies in other fora, such as the Environment and Land Court.

Buyers Do Not Automatically Become Creditors or Beneficiaries

Another key takeaway is that buyers of estate property before confirmation of grant are not considered creditors, dependents, or beneficiaries of the estate. This limits their ability to participate in succession proceedings or apply for revocation of a grant under Section 76 of the Act.

Only transactions sanctioned through a confirmed grant and conducted by duly appointed administrators carry legal weight. Buyers dealing with heirs or relatives before this point do so at their own risk.

What Should Buyers and Families Take from This?

No Valid Title Without Confirmation
If you are buying land from a deceased person’s estate, you must confirm that:

• The grant has been confirmed;
• The seller is a legally appointed administrator;
• The land is listed in the certificate of confirmation and assigned to the seller.

Avoid “Heir Sales” Before Court Approval
Agreements made with children or widows of the deceased before grant confirmation carry no legal validity. Such sellers often have no title to pass and are intermeddling.

Know Where to Seek Redress
If you already bought such land, your recourse is through a civil suit in the Environment and Land Court, not in a succession case. The probate court will not entertain ownership claims from non-beneficiaries.

Conclusion

This judgment serves as a firm warning: do not transact on a deceased person’s land until succession proceedings have reached the confirmation stage. Buyers should carry out due diligence and ensure all legal formalities are in place.

Attempting to shortcut this process not only risks losing your money—it may result in eviction, financial loss, and even criminal charges for intermeddling.

Disclaimer:

This article is intended for general informational purposes only and does not constitute legal advice or create an advocate-client relationship. If you are considering buying land from a deceased person’s estate in Kenya, dealing with unconfirmed succession property, or facing challenges related to probate, confirmation of grant, or estate distribution, we encourage you to consult us. We offer legal services on succession planning, confirmation of grants under the Law of Succession Act, resolving land disputes involving deceased estates, rectifying fraudulent transfers, defending or challenging succession proceedings, and assisting Kenyans in the diaspora with cross-border estate matters. We are well-placed to guide you through every stage of estate administration and property transfer and transmission in Kenya.