[2022] KEHC 10988 (KLR)
The court found that the grant of probate of written will could be confirmed as all beneficiaries, including the heirs of the deceased beneficiary Lucy Wanjiru Mbugua, had consented to the proposed mode of distribution. The share of the deceased beneficiary would devolve equally among her surviving children, in...
Source-derived case information.
- Citation
- [2022] KEHC 10988 (KLR)
- Parties
- Applicant: Paul John Wambugu Gathuri; Applicant: Kenneth Wakarera Gathuri; Applicant: Beatrice Njeri Gitari; Applicant: Ben Mbugua Gathuri; Applicant: Peter Thuo Gathuri; Respondent: Lucy Wanjiru Mbugua (deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 100 of 2019
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant of Probate of Written Will
- Outcome
- Grant of probate of written will confirmed; estate to be distributed as per the confirmed grant.
- Judges
- MM Kasango
- Legal Topics
- Probate and Administration, Confirmation of Grant, Distribution of Estate, Wills, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul John Wambugu Gathuri
Applicant
Kenneth Wakarera Gathuri
Applicant
Beatrice Njeri Gitari
Applicant
Ben Mbugua Gathuri
Applicant
Peter Thuo Gathuri
Applicant
Lucy Wanjiru Mbugua (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant of Probate of Written Will
Legal Issues
- 1 Whether the grant of probate of written will should be confirmed in light of the death of a beneficiary before confirmation.
- 2 How the share of a deceased beneficiary should be distributed among her surviving children.
Ratio Decidendi
The court found that the grant of probate of written will could be confirmed as all beneficiaries, including the heirs of the deceased beneficiary Lucy Wanjiru Mbugua, had consented to the proposed mode of distribution. The share of the deceased beneficiary would devolve equally among her surviving children, in accordance with their consent and the law. There being no objection or dispute, the court confirmed the grant and ordered the distribution of the estate as set out in the summons for confirmation of grant.
Court Disposition
Grant of probate of written will confirmed; estate to be distributed as per the confirmed grant.
Orders
- The grant of probate of written will is confirmed as per the proposed distribution.
- The share of the deceased beneficiary, Lucy Wanjiru Mbugua, shall be distributed equally among her surviving children.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Judith Wanjiku Gathuri (Deceased) (Succession Cause 100 of 2019) [2022] KEHC 10988 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10988 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 100 of 2019
MM Kasango, J
June 23, 2022
Ruling
1. Judith Wanjiku Gathuri(Deceased) died leaving a written will. A grant of probate of written Will was issued by this court to the executors, on July 28, 2020. Before that grant was confirmed by this court, one of the beneficiaries of the estate of the deceased namely, Lucy Wanjiru Mbugua (deceased) died. That beneficiary was survived by the following beneficiaries who are her children:- Judith Wanjiku Mbugu
Peter Gachathi Mbugua
Margaret Nyambura Mbugua
John Gathuri Mbugua
Beatrice Njeri Mbugua
2. Those beneficiaries have consented to share equally from the estate of their mother, Lucy Wanjiru Mbugua (deceased).
3. Accordingly, in respect to the summons for confirmation of grant of probate of written Will filed in court on July 28, 2021. I grant the orders that the grant of probate of written will is confirmed as follows:-List of Assets Beneficiaries Share1. M/V KCF 185R Paul John Wambugu Gathuri Equal shareKenneth Wakarera gathuri Equal shareBeatrice Njeri Gitari Equal shareBen Mbugua Gathuri Equal sharePeter Thuo Gathuri Equal shareLucy Wanjiru Mbugua (deceased) Equal share - to be sharedequally by:- Judith Wanjiku Mbugua
Peter Gachathi Mbugua
Mary Kanyi Mbugua
John Gathuri Mbugua
Beatrice Njeri Mbugua2. MV KBQ 418M Paul John Wambugu Gathuri Equal shareKenneth Wakarera gathuri Equal shareBeatrice Njeri Gitari Equal shareBen Mbugua Gathuri Equal sharePeter Thuo Gathuri Equal shareLucy Wanjiru Mbugua (deceased) Equal share – to be sharedequally by:- Judith Wanjiku Mbugua
Peter Gachathi Mbugua
Mary Kanyi Mbugua
John Gathuri Mbugua
Beatrice Njeri Mbugua
4. Orders accordingly.
RULING DATED and DELIVERED at KIAMBU this 23rdday of JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant : MouriceFor Executors/Beneficiaries: - Ms. KibeboRuling delivered virtually.MARY KASANGOJUDGE