In Summary
  • There have been numerous family conflicts where parties attempt to exclude some children from inheriting their father’s estate on disputed paternity.
  • The paternity dispute persists, such children can now seek to inherit the estate as dependants as provided for under Section 29 of Laws of Succession Act.

Children whose paternity is disputed will no longer need to be subjected to DNA tests so as to be included as beneficiaries of their father’s estate, the High Court has ruled.

Instead, if the paternity dispute persists, such children can now seek to inherit the estate as dependants as provided for under Section 29 of Laws of Succession Act.

There have been numerous family conflicts where parties attempt to exclude some children from inheriting their father’s estate on disputed paternity.

The disputes mostly involve co-wives and in-laws.

But Justice Teresia Matheka has held that such children have a stake in the estate if there is evidence the deceased had taken them as his own and were being maintained by the deceased prior to his death.

LOVE AFFAIR

Justice Matheka made the ruling on a 19-year-old succession dispute between two co-wives named CW and PN. Ms CW was an employee in the family before she got into a love affair with the deceased, who died in 1999.

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