[2020] KEHC 10151 (KLR)
The court confirmed the grant of probate on the basis that the deed of family arrangement, which varied the legacies, was signed by all beneficiaries named in the will. The court further noted that a consent fortifying the beneficiaries' wishes was filed. Therefore, the requirements of the Law of Succession Act and...
Source-derived case information.
- Citation
- [2020] KEHC 10151 (KLR)
- Parties
- Applicant: Jane Njeri Kariuki; Applicant: Irene Wanjiku Karanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1291 of 2018
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant of probate confirmed
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Probate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Njeri Kariuki
Applicant
Irene Wanjiku Karanja
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of probate should be confirmed based on the deed of family arrangement dated 29th May, 2019.
- 2 Whether the deed of family arrangement, signed by all beneficiaries, validly varies the legacies in the will.
Ratio Decidendi
The court confirmed the grant of probate on the basis that the deed of family arrangement, which varied the legacies, was signed by all beneficiaries named in the will. The court further noted that a consent fortifying the beneficiaries' wishes was filed. Therefore, the requirements of the Law of Succession Act and the Probate and Administration Rules were satisfied, justifying confirmation of the grant and distribution of the estate as per the deed.
Court Disposition
grant of probate confirmed
Orders
- The grant of probate is confirmed based on the deed of family arrangement dated 29th May, 2019.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1291 OF 2018
IN THE MATTER OF THE ESTATE OF JOHN KARIUKI KAMANU(DECEASED)
JANE NJERI KARIUKI)
IRENE WANJIKU KARANJA)................................APPLICANTS
R U L I N G
1. The application before court dated 3rd October 2019 and brought pursuant to Section 71of the Law ofSuccession Act and Rule 40(1) of Probate and Administration Rules is seeking to have the grant of probate issued to Jane Njeri Kariuki and Irene Wanjiku Karanja confirmed and properties distributed in line with a deed of family arrangement dated 29th May, 2019.
2. The deed of family arrangements does vary the legacies. The court however notes that the deed of family arrangements has been signed by all the beneficiaries named in the will. Secondly as if to fortify the wish of the beneficiaries a consent was filed in court dated 3rd October, 2019.
3. Consequently, the grant of probate is hereby confirmed based on the deed of family arrangement dated 29th May, 2019.
DATED, SIGNEDandDELIVEREDat NAIROBI this 1ST DAY OF OCTOBER, 2020.
…………………………………….
ALI-ARONI
JUDGE