[2020] KEHC 9381 (KLR)
The court found that the applicants, as the widow and son of the deceased, are entitled to reasonable provision for their upkeep and medical needs from the estate, specifically from the rent proceeds of Plot No. [...] Namanga, as expressly provided in paragraph 9 of the deceased's will. The court noted the...
Source-derived case information.
- Citation
- [2020] KEHC 9381 (KLR)
- Parties
- Applicant: GWK; Applicant: DKK; Respondent: Executors/Trustees of the Will of J. K
- 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 / Interlocutory Application for Provision Pending Confirmation of Grant
- Outcome
- Application allowed. Interim provision for applicants' welfare and medical needs ordered.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Provision for Dependants, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GWK
Applicant
DKK
Applicant
Executors/Trustees of the Will of J. K
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Provision Pending Confirmation of Grant
Legal Issues
- 1 Whether the applicants, as beneficiaries, are entitled to interim provision for their welfare and medical expenses from the estate pending final determination.
- 2 Whether the executors/trustees should be directed to release rent proceeds from estate property for the applicants' needs.
Ratio Decidendi
The court found that the applicants, as the widow and son of the deceased, are entitled to reasonable provision for their upkeep and medical needs from the estate, specifically from the rent proceeds of Plot No. [...] Namanga, as expressly provided in paragraph 9 of the deceased's will. The court noted the applicants' serious health conditions and the absence of opposition to the application. It held that no prejudice would be suffered by other beneficiaries or objectors if the applicants' needs are met from the estate income, pending the final determination of the succession cause. The executors/trustees are therefore directed to make reasonable provision for the applicants as per the will.
Court Disposition
Application allowed. Interim provision for applicants' welfare and medical needs ordered.
Orders
- The executors/trustees of the will of the deceased shall make reasonable provision towards the upkeep and medical needs of the applicants from the proceeds of Plot No. [...] Namanga pending final determination of the cause.
- Costs in the cause.
Full Case Text
Judgment text and source record
17 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 J. K DECEASED
RULING
1. The application subject matter of this ruling is the one filed by and GWK a.k.a. GWK and DKK dated 15th May, 2019. Both applicants are beneficiaries of the estate of the deceased herein being wife and son respectively. They seek for the release of rent proceeds of Plot number [...] Namanga as would be sufficient to provide for their general welfare and medical expenses.
2. The widow is said to have suffered a stroke, has advance Alzheimer’s disease, type 2 diabetes and is hypertensive. D on his part is said to have suffered a mild stroke and requires medical treatment.
3. The application was not opposed.
4. In paragraph 9(1) of the deceased will, directed his trustees to use proceeds of Plot No. [...] Namanga for the general welfare and medical expenses of both the applicants.
5. No prejudice in my view is likely to be suffered by any beneficiary in the will or those objecting to the confirmation of the grant of Probate claiming to be dependants, should the sick wife and son of the deceased be taken care of from the income of the estate.
6. Consequently I hereby direct the executors/trustees of the will of the deceased herein, do make reasonable provision towards upkeep and medical needs of the applicants based on paragraph 9 of the deceased will pending final determination in this cause.
7. Costs in the cause.
DATED, SIGNEDandDELIVEREDat NAIROBI this 13th DAY OF FEBRUARY, 2020.
.......................
ALI-ARONI
JUDGE