[2020] KEHC 2442 (KLR)
The court found that the applicant had established, through documentary evidence and lack of opposition, that she was a dependant of the deceased who was not provided for in the will. The court exercised its discretion under Section 26 of the Law of Succession Act to direct the executors to make reasonable provision...
Source-derived case information.
- Citation
- [2020] KEHC 2442 (KLR)
- Parties
- Applicant: CNI; Respondent: HJIL; Respondent: MW; Respondent: RSK; Respondent: PSK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 123 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Provision From Estate
- Outcome
- Application allowed. Reasonable provision to be made for the applicant from the residue of the estate at confirmation of grant.
- Judges
- A Ali-Aroni
- Legal Topics
- Testate Succession, Provision for Dependants, Wills and Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CNI
Applicant
HJIL
Respondent
MW
Respondent
RSK
Respondent
PSK
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Provision From Estate
Legal Issues
- 1 Whether the applicant is entitled to reasonable provision from the estate of the deceased under Section 26 of the Law of Succession Act.
- 2 Whether the applicant qualifies as a dependant not provided for in the deceased's will.
Ratio Decidendi
The court found that the applicant had established, through documentary evidence and lack of opposition, that she was a dependant of the deceased who was not provided for in the will. The court exercised its discretion under Section 26 of the Law of Succession Act to direct the executors to make reasonable provision for the applicant from the residue of the estate at the point of confirmation of the grant. The absence of opposition from other beneficiaries and the precedent set in a similar application by CK further supported the decision.
Court Disposition
Application allowed. Reasonable provision to be made for the applicant from the residue of the estate at confirmation of grant.
Orders
- At the point of confirmation of the grant, the Executors of the Will shall make reasonable provision for the applicant from the residue of the estate.
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 123 OF 2017
IN THE MATTER OF THE ESTATE OF JK DECEASED
CNI........................................................APPLICANT
VERSUS
HJIL.......................1ST EXECUTOR/RESPONDENT
MW........................2ND EXECUTOR/RESPONDENT
RSK.......................3RD EXECUTOR/RESPONDENT
PSK.......................4TH EXECUTOR/RESPONDENT
RULING
1. The application subject of this ruling is dated 28th January, 2020 brought under Section 26of theLaw of Succession Act and Rule 45(1) of ProbateandAdministration Rules where the applicant CNI seeks for provision from the estate of the deceased.
2. The applicant’s claim is based on the assertion that she was born of one JKT and the deceased herein and on the fact that she was not provided for in the deceased Will. She claims further that the deceased provided and maintained her since birth. In support she produced a birth certificate, pictures and a copy of a tribute she wrote upon the deceased death.
3. The application was not opposed.
4. In a similar application by one CK the court issued an order on the 13th February 2020. Similarly, in this application it appears that the other beneficiaries do not oppose the inclusion and consideration of the applicant as beneficiary of the estate. I therefore direct and order that at the point of confirmation of the grant the Executors of the Will do make reasonable provision for the applicant from the residue of the estate.
5. Costs in the cause.
DATED, SIGNEDandDELIVEREDat NAIROBI this 15th DAY OF OCTOBER, 2020.
ALI-ARONI
JUDGE