Wealth & Private Client Services
Family Law
At the forefront of family law, our specialists offer exceptional services to both local and international
clients. Acknowledging the sensitive nature of family issues, we handle each case with empathy and
personalized attention, providing bespoke guidance and support.
Our team’s extensive experience and professionalism enable us to deliver premier service and timely,
practical advice. We cater to the visa and work authorization needs for personnel in Kenya and the region,
including professionals, managers, executives, and essential workers.
We prioritize listening to our clients, gaining a thorough understanding of every aspect of their cases, and
helping them find practical and positive solutions. We systematically and compassionately guide clients
through challenging times, ensuring the right advocate is matched to their specific situation.
We excel in negotiating and resolving complex family law settlements that intersect with corporate and
property law. Our goal is to achieve outcomes that benefit all parties involved, using various methods
such as dispute resolution, mediation, arbitration, and litigation when necessary.
Our team is well-versed in handling diverse family law cases, from the initial stages of relationships to
issues involving children, domestic abuse, financial matters, and relationship breakdowns.
Whether you need assistance with:
• Drafting prenuptial or cohabitation agreements
• Mediating family disputes and property settlements
• Creating maintenance and financial agreements, child support, alimony agreements, parental
responsibility agreements
• Handling local and international adoptions
• Addressing local or international child abduction
• Managing custody, legal guardianship, or child fostering arrangements
• Navigating judicial separation or divorce
• Drafting domestic and foreign wills, or codicils
• Establishing family trusts
Our team ensures complete confidentiality and works with trusted specialists, including forensic
accountants, private investigators, financial planners, and wealth managers, to support your case.
Probate & Estate Administration
Probate involves validating a deceased’s will and administering their estate. In the absence of a legal will,
the estate is settled under intestacy laws as per the Law of Succession Act (Cap 160 of the Laws of Kenya).
This process ensures the deceased’s assets are transferred according to the will or intestacy laws.
When a person with assets in Kenya passes away, their beneficiaries cannot access these assets without
a grant of probate or letters of administration. Financial institutions, companies, and the Land Office
require these legal documents to release funds, transfer shares, or deal with property.
If a grant has been issued by a foreign court, it must be resealed by the High Court in Kenya to collect and
distribute the deceased’s assets in Kenya. If the foreign grant is not recognized, a fresh grant must be
obtained locally.
The probate process includes:
• Validating the will
• Drafting and filing petitions for probate or appointing a personal representative or
administrator
• Making urgent court applications (e.g., accessing deceased’s bank accounts for emergencies)
• Creating an inventory of assets
• Determining creditors’ and beneficiaries’ rights
• Defending third-party claims
• Settling the deceased’s debts
• Distributing the net estate to beneficiaries
• Releasing foreign assets
• Mediating disputes among beneficiaries
Navigating probate can be daunting and emotionally taxing. At KK WAWERU Advocates LLP’s specialists
simplify this process by guiding clients through the legal steps, ensuring efficient and sensitive asset
distribution. We assist executors, trustees, and beneficiaries with both simple and complex estates.
Our approach to probate and estate administration involves reverse-engineering the problem to find
solutions, helping clients define their goals and working backward to achieve them. Given our clients’
often international assets and family ties, we liaise with foreign lawyers to manage overseas assets and
obtain the necessary legal documents in other jurisdictions. We collaborate with colleagues across
departments to address disputes, tax issues, and other complexities, offering sophisticated, practical
advice.
Our team provides comprehensive legal advice and support with:
• Steps to take when someone dies
• Correct interpretation of the will
• Validity and invalidity of wills
• Handling cases where the will is lost or absent
• Obtaining grants of probate or letters of administration
• Collecting estate assets
• Addressing estate tax matters and disputes (including income tax, VAT, capital gains tax)
• Initiating suits to protect beneficiaries’ interests
• Defending claims against the estate
• Preparing estate accounts
• Managing trusts created under wills or separate deeds
• Company law matters and secretarial services
• Distributing net assets to beneficiaries
• Amending wills
• Liaising with foreign lawyers for assets in other jurisdictions
• Recommending professional corporate administrators, trustees, and other experts
For assistance or advice, please email us at info@kkwaweru.com to arrange a call or meeting.