[2022] KEHC 10993 (KLR)

[2022] KEHC 10993 (KLR)

The court found that since Lucy Wanjiru Mbugua, a beneficiary named in the will, died before the confirmation of the grant, her share in the estate should devolve equally to her surviving children, all of whom have consented to the proposed distribution. The court confirmed the grant of probate of written will and...

Source-derived case information.

Citation
[2022] KEHC 10993 (KLR)
Parties
Applicant: Paul John Wambugu Gathuri; Applicant: Kenneth Wakarera Gathuri; Applicant: Beatrice Njeri Gitari; Applicant: Ben Mbugua Gathuri; Applicant: Lucy Wanjiru Mbugua (deceased); Applicant: Judith Wanjiku Mbugua; Applicant: Peter Gachathi Mbugua; Applicant: Mary Kanyi Mbugua; Applicant: Margaret Nyambura Mbugua; Applicant: John Gathuri Mbugua
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Succession Cause 99 of 2019
Procedural Posture
Succession Cause / Confirmation of Grant of Probate of Written Will
Outcome
grant confirmed and estate distributed as per will and consents
Judges
MM Kasango
Legal Topics
Probate, Confirmation of Grant, Distribution of Estate, Succession, Beneficiary Shares
Source Language
en
Family and Children Probate Confirmation of Grant Distribution of Estate Succession Beneficiary Shares

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Parties

Paul John Wambugu Gathuri

Applicant

Kenneth Wakarera Gathuri

Applicant

Beatrice Njeri Gitari

Applicant

Ben Mbugua Gathuri

Applicant

Lucy Wanjiru Mbugua (deceased)

Applicant

Judith Wanjiku Mbugua

Applicant

Peter Gachathi Mbugua

Applicant

Mary Kanyi Mbugua

Applicant

Margaret Nyambura Mbugua

Applicant

John Gathuri Mbugua

Applicant

Procedural Posture

Succession Cause / Confirmation of Grant of Probate of Written Will

Legal Issues

  1. 1 Whether the grant of probate of written will should be confirmed given the death of a beneficiary before confirmation.
  2. 2 How the share of a deceased beneficiary should devolve among her surviving children.

Ratio Decidendi

The court found that since Lucy Wanjiru Mbugua, a beneficiary named in the will, died before the confirmation of the grant, her share in the estate should devolve equally to her surviving children, all of whom have consented to the proposed distribution. The court confirmed the grant of probate of written will and ordered that the estate be distributed in accordance with the will and the consents of the beneficiaries, ensuring that the share of the deceased beneficiary is shared equally among her children. The confirmation of grant is a statutory requirement before distribution, and the court was satisfied that all procedural and substantive requirements had been met, including the...

Court Disposition

grant confirmed and estate distributed as per will and consents

Orders

  • The grant of probate of written will is confirmed.
  • The share of Lucy Wanjiru Mbugua (deceased) shall be shared equally among her surviving children: Judith Wanjiku Mbugua, Peter Gachathi Mbugua, Mary Kanyi Mbugua, Margaret Nyambura Mbugua, John Gathuri Mbugua, and Beatrice Njeri Mbugua.