In-laws have chased me, taken away my two children, seized two cars and home: What rights do widows have?
Under the Law of Succession Act, the surviving spouse and children are recognised as primary beneficiaries of a deceased spouse’s estate, and a stepchild as a dependant.
What you need to know:
- Under the Law of Succession, Angela Kerubo retains a life interest in her late husband’s estate and full parental rights.
- With the help of a family lawyer or legal aid organisation, Angela can restore her dignity, reclaim her property, and reunite with her children.
Dear Vivian,
I got married while a single mother of one girl. My husband and I later had two children together. He cared for all the children equally and we jointly invested in a home and a wholesale shop. Sadly, my husband died after a road accident. After the burial, his parents chased me from our home, took our two cars, and locked me out of the business. They also took away our two younger children, claiming I am no longer part of the family and that my eldest daughter is not their blood. What should I do?
Angela Kerubo,
Nyamira
Dear Angela,
First, the Law of Succession governs how property is shared when someone dies without a will. It further provides that if a person leaves behind a spouse and children, the surviving spouse is entitled to all household effects absolutely and a life interest in the rest of the estate. This means you have the legal right to remain in your home, manage the business, and use the property to support yourself and the children. Your in-laws have no power to evict you or seize property unless a court authorises it.
Additionally, all children of the deceased are equal in the eyes of the law. If your husband supported your eldest daughter and raised her as his own, she qualifies as a dependant. The court will consider her when dividing the estate. Your two younger children are direct heirs, and their grandparents cannot legally take them away from you unless the court finds you unfit to care for them.
At this point, you should seek the services of a qualified advocate experienced in family and succession law. The lawyer will help you apply for letters of administration intestate in the High Court. This gives you legal authority to manage the estate, recover property, and stop your husband’s parents from interfering. Your lawyer should also help you file a child custody case to have your children returned to your care. The law prioritises the best interests of the child, and being their biological mother gives you the first claim to custody unless proved unfit.
If you cannot afford legal fees, seek help from Fida-Kenya, Kituo cha Sheria, the National Legal Aid Service, or the Law Society of Kenya’s pro bono programme. These institutions offer free or subsidised legal services and can represent you in court.
Further, you should report any harassment or threats to the police and request protection or restraining orders for your safety. To safeguard your eldest daughter’s inheritance rights, your lawyer can file a dependant’s claim under the Law of Succession Act. Courts have previously upheld such claims where step-children proved that the deceased had consistently maintained and treated them as their own, recognising them as dependants entitled to a share of the estate.
In conclusion, the law safeguards the rights of a surviving spouse and children. By obtaining letters of administration, pursuing custody, and seeking court protection, you can legally secure your home, business, and the children’s welfare against any unlawful interference.
Vivian
The author is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
