Who Will Take Care of Your Children If You’re No Longer Here?

There are few conversations more difficult than discussing what happens to our children when we are no longer here. Many parents avoid it, hoping for the best. But hope is not a plan. The reality is that life is unpredictable, and failing to plan could leave your children vulnerable, both financially and emotionally. In Kenya, where extended families have traditionally stepped in, economic pressures and shifting societal dynamics mean that informal arrangements may no longer be reliable.

The Changing Landscape of Child Welfare in Kenya

In the past, family members readily absorbed orphaned children into their households, but today, financial constraints have made this difficult. A 2023 report by UNICEF Kenya estimates that over 3 million Kenyan children are vulnerable due to the loss of one or both parents, and a significant portion ends up in unstable conditions. Without proper planning, children risk being shuffled between relatives or, in the worst cases, abandoned to institutions or the streets.

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The Legal Framework for Guardianship and Inheritance

The Kenyan Constitution, the Children Act (2022), and the Law of Succession Act provide guidelines on child custody, guardianship, and inheritance. However, many parents fail to put legal structures in place. Without a formal will or designated guardian, children often become entangled in legal battles or are left at the mercy of unprepared relatives. Court cases regarding inheritance disputes have surged in recent years, emphasizing the need for parents to make legally binding arrangements.

Appointing a Legal Guardian: The First Step

Choosing a guardian is not just about selecting a relative; it requires careful consideration of their financial stability, moral character, willingness, and ability to provide a nurturing home. Parents should have open discussions with potential guardians and formalize the decision through legal documentation, ideally with the help of an attorney.

Financial Preparedness: Ensuring Stability for Your Children

Relying solely on family generosity is no longer a viable option. Parents must create financial structures that ensure children’s well-being, education, and healthcare. This can be achieved through:

 Estate Planning: Drafting a will and setting up trusts to ensure controlled disbursement of funds.

 Insurance Policies: Life insurance, education policies, and health insurance are crucial to protect children from financial instability.

Savings and Investments: Long-term investments, such as real estate, stocks, and pension funds, can provide continuous income streams for your children.

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The Role of Insurance in Securing Your Child’s Future

Life insurance is a fundamental pillar in ensuring children do not face financial ruin. While many Kenyans rely on the National Social Security Fund (NSSF) and employer benefits, these are often insufficient. A private life insurance policy guarantees financial security, allowing children to continue with their education and standard of living. Additionally, medical and disability insurance can prevent unforeseen financial burdens from crippling a family.

The Importance of Wills and Trusts

Only about 10% of Kenyans have a written will, according to a 2023 survey by the Kenya Law Society. Without a will, the distribution of assets follows intestate succession laws, which may not align with a parent’s wishes. Establishing a trust fund ensures that assets are managed professionally and released according to set conditions, such as a child reaching adulthood or completing education.

Education Planning: A Long-Term Commitment

Education is one of the biggest expenses in raising children. Setting up an education fund or investing in education policies ensures that children do not have to drop out of school due to financial constraints. Parents should explore options like fixed deposit accounts, money market funds, or unit trusts to build a stable education fund.

Empowering Extended Family for Support

While legal and financial structures are vital, the role of family cannot be ignored. Parents should discuss contingency plans with close relatives, ensuring that everyone is aligned on the child’s future care. Training family members on financial literacy and child welfare can enhance support structures in times of crisis.

Teaching Children Financial Responsibility

Beyond leaving behind financial security, it is crucial to teach children financial literacy from an early age. Instilling good money management habits ensures they can sustain themselves responsibly when they come of age.

Planning is an Act of Love

Securing your children’s future is not a matter of wealth but of foresight and responsibility. Every parent, regardless of financial status, must put in place legal, financial, and emotional structures to protect their children.

The question is not whether you will be there for your children forever; the real question is: Have you made sure they will be taken care of if you’re not?

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