How Bad Conduct Can Cost You Your Share of Your Parents' Inheritance

Añadido: 2026-06-07

[00:00:00]We are looking at the question of family.

[00:00:04]And in this matter, what we are trying to look at is section 28 of the law of succession.

[00:00:13]The questions that I hear are many.

[00:00:16]They are heavy.

[00:00:19]Families, the children who fight their fathers.

[00:00:24]There are daughters who abuse their fathers.

[00:00:28]There are children who take their fathers to court.

[00:00:32]There are children who abuse their fathers.

[00:00:38]So, the question is, can a wayward son who is against a father, who is against a mother, demand a share of the estate?

[00:00:52]Many parents get sick.

[00:00:55]They take you to school.

[00:00:57]You get from nursery. They educate you until you finish a university. You got a job.

[00:01:04]At old age, they are looking for your comfort.

[00:01:10]They are admitted in hospital. You cannot pay medical bills.

[00:01:16]They are arrested.

[00:01:17]You cannot stand bond or bail for them.

[00:01:22]They lose their brothers.

[00:01:24]They lose their relatives. You cannot give even a shilling when they are crying.

[00:01:29]>> [clears throat] >> This also goes to the wives, the first wives.

[00:01:36]Either mistreat the wife with the mzee.

[00:01:40]They try to poison mzee.

[00:01:42]>> [snorts] >> Mzee runs away and marries a second wife.

[00:01:47]So, the law in section 28 deals with that question.

[00:01:52]How does the law deal with an unworthy heir?

[00:01:58]Somebody called unworthy in common law, they got nothing.

[00:02:05]And even if they go there, they will not get anything.

[00:02:10]So, the Kenyan law also has those provisions.

[00:02:14]Today, you know, if you do not handle your father, if you [clears throat] do not say you take care of your parents, they have a right not to give you anything when they die.

[00:02:30]What does section 28 of the law of succession say?

[00:02:36]Circumstances to be taken into account by court in making an order.

[00:02:41]In E, it says, "The conduct of the dependent in relation to the deceased."

[00:02:50]The conduct of the dependent in relation to the deceased.

[00:02:58]You as a child, you as a beneficiary, you as a wife, you as a daughter, how was your conduct to the deceased parent?

[00:03:16]The law of the will allows them to give a will and exclude you.

[00:03:23]Many wills are very categorical that me, "When I die, I don't want to see Ben, and I have not given Ben anything, not even a coin of my estate."

[00:03:38]You will rush to court under article under section 29 for reasonable provision that my father never gave me anything.

[00:03:49]My mother, when when died, never gave me anything. The courts are very, very, very clear. The conduct of yourself determines this matter. We have got our research team. Cyrus got the case of uh Zipora Nyambura Njuguna versus Michael Ndungu Njuguna.

[00:04:13]That is in justice that is succession cause number 25 219 in Nyahururu Law Court. That is Justice C.M. Kariuki. We also found the case of uh uh case number case number 25 of 2016 in the estate of Emmanuel Julius Nyota, Wilbert Njukia Ndumbi, Margaret Ndumbi Kona versus August Augusta Ruwamba. This is a decision by Justice Nyakundi Reuben sitting at Malindi. We also found a court of appeal decision.

[00:04:56]That is That is civil appeal number 213 of of 1997. The quorum was Justice Akilano Justice Shah and Justice Bosire all of them judges of the court of appeal. They have retired. Lastly, we found the last judge the last case civil appeal number E09 of 2020 W. Karanja, J. Mohammed, and J. Lesiit judges of the court of appeal in October 2021.

[00:05:29]What are they here? This is Alnashir Abdulkarim Chatur Popat versus Adil Abdulkarim Chatur Popat Gulzar Abdulkarim Chatur Popat Azim Abdulkarim Chatur Popat and Karim Saifuddin Anjarwalla.

[00:05:52]This was a judgement where in paragraph three when his will was opened, it transpired that Al-Amin Abdul Karim Chatur Popat was missing from the will. There was nonetheless no statement in the will to expressly say why the name was left out.

[00:06:12]It was clear, however, that he was not meant to be one of the heirs of the vast estate.

[00:06:19]We are talking of an estate worth 4 billion shillings. This is the estate worth 4 billion shillings. When you look according to the will it says the court found out that the according to the will this is the letter a son wrote to his father.

[00:06:46]On this issue the conduct of the defendant in relation to the deceased it says there is on record an emotional and bitter letter dated 13th of February 29 from Al-Nashir to the deceased in which he in earlier accused the deceased, that's the father of playing favorites with Adil to his advantage way back from their childhood.

[00:07:14]Al-Nashir also accused his father of not caring for him and denied. So, the questions that are here is that if you are mistreating your parent you will miss in the estate of the parent.

[00:07:34]But, if your parent if your father is the one who is the child the child.

[00:07:45]As the case of this case of uh Popat, the father was the one mistreating the child.

[00:07:54]From day From the day the child was born, the father was not ready to assist the the child. The court struck out the will and gave property to the son.

[00:08:09]But, if you mistreat your parent, especially these children taking their fathers to court, you will lose everything.

[00:08:18]What are the lessons in this matter?

[00:08:21]One, take care of your parents.

[00:08:25]Two, be courteous to your parents.

[00:08:28]Three, show respect to your parents.

[00:08:32]Four, honor your parents. Five, assist your parents. Six, do not harass your parents because you are in a position of power. You have the police, you send policemen to arrest your mother, to arrest your old parent.

[00:08:52]Lastly, listen to the advice of your parents. If you don't, they will write a will. And if they write a will under section 28 E, they will not give you anything and you will lose everything. Okay, Danson Mweru, always bringing to you research-based explainers that have a very very big impact in your life. Why you want to lose your inheritance?

[00:09:25]Because you are rude? Because you are you are abusing your parents? And to the Gen Zs, respect your parents. It is biblical. Respect your parents so that your days can be many in this world. In many in this world. In law, respect your parents so that you can inherit their property. Wakili dance and marry. Good day.