Under the laws of Kenya,dependants are the persons who are entitled by law to inherit the estate as property of the deceased.The law of succession act defines dependants as-
(a) the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;
(b) such of the deceased’s parents, step-parents, grand-parents,grandchildren, step-children, children whom the deceased had taken into his family as his own, brothers and sisters, and half-brothers and half-sisters, as were being maintained by the deceased immediately prior to his death; and
(c) Where the deceased was a woman, her husband if he was being maintained by her immediately prior to the date of her death.
HOW IS PROPERTY DIVIDED AMONG THE DEPENDANTS?
There are various circumstances to be taken into account by court in making order.In considering whether any order should be made the court shall have regard to -
(a) the nature and amount of the deceased’s property;
(b) any past, present or future capital or income from any source of the dependant;
(c) the existing and future means and needs of the dependant;
(d) whether the deceased had made any advancement or other gift to the dependant during his lifetime;
(e) the conduct of the dependant in relation to the deceased;
(f) the situation and circumstances of the deceased’s other dependants and the beneficiaries under any will;
(g) the general circumstances of the case, including, so far as can be ascertained, the testator’s reasons for not making provision for the dependant.