Under section 34 of the law of succession Act, a person is deemed to intestate in a respect of all his free property of which he has not made a will capable of taking effect.
In such a case the net intestate estate is distributed in accordance with the rules of intestacy. However, under section 32, the minister may by a notice in the Kenya Gazette disqualify the rules of intestacy in the distribution of agricultural land, crops and livestock in any part of Kenya. In such a case, the law applicable in the distribution of such property is the law or custom of the community or tribe in question.
Testate succession: this is the disposition of a deceased‟s estate in accordance with his will as approved by the court.