Section 36 of Law of Succession Act CAP 160: Where intestate has left one surviving spouse but no child or children
(1) Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the net intestate estate to—
(a) the personal and household effects of the deceased absolutely; and
(b) the first ten thousand shillings out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and I a life interest in the whole of the remainder:
Provided that if the surviving spouse is a widow, such life interest shall be determined upon her re-marriage to any person.
(2) The Minister may, by order in the Gazette, vary the amount specified in paragraph (b) of subsection (1).
(3) Upon the determination of a life interest created under subsection (1), the property subject to that interest shall devolve in the order of priority set out in section 39.
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- Section 37 - Powers of spouse during life interest
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- Section 38 - Where intestate has left a surviving child or children but no spouse
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- Section 39 - Where intestate has left no surviving spouse or children
(1) Where an intestate has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the intestate in the following order of priority—
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- Section 44 - Application of Part
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- Section 46 - Duties of officers in relation to protection, etc., of deceased’s property
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- Section 49 - Territorial jurisdiction of magistrates
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(2) An...
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(2) Every application shall...
- Section 52 - Wilful and reckless statements in application for grant
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- Section 53 - Forms of grant
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(2) No grant...
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- Section 67 - Notice of application for grant
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- Section 68 - Objections to application
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(a) examine any applicant on oath or affirmation; or
(b) call for further...
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(b) has received a certificate from the Estate Duty...
- Section 73 - Duty of court to give notice to holder of grant to apply for confirmation
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(b) to get in all free property of...
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