[2020] KEHC 3000 (KLR)
The court found that, in the absence of documentary evidence of renunciation by any beneficiary, all nine beneficiaries listed in Form P. & A. 5 are entitled to an equal share of the estate. The court applied section 38 of the Law of Succession Act, which mandates equal distribution among surviving children where...
Source-derived case information.
- Citation
- [2020] KEHC 3000 (KLR)
- Parties
- Applicant: John Francis Muyodi; Applicant: Peter Lunani Ongoma; Respondent: Beneficiaries listed in Form P. & A. 5 (nine in total)
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 112 of 2010
- Procedural Posture
- Probate and Administration / Ruling on Mode of Distribution of Estate
- Outcome
- Estate to be divided equally among the nine surviving children unless any beneficiary renounces their right; co-administrators to file summons for confirmation of grant within 30 days or grant will be revoked.
- Judges
- KW Kiarie
- Legal Topics
- Intestate Succession, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Francis Muyodi
Applicant
Peter Lunani Ongoma
Applicant
Beneficiaries listed in Form P. & A. 5 (nine in total)
Respondent
Procedural Posture
Probate and Administration / Ruling on Mode of Distribution of Estate
Legal Issues
- 1 Whether the estate of the deceased should be distributed equally among all surviving children in the absence of agreement among beneficiaries.
- 2 Whether any beneficiary has renounced their right to inherit and the effect of such renunciation on distribution.
- 3 Whether any property given to a beneficiary during the deceased's lifetime should be excluded from distribution.
Ratio Decidendi
The court found that, in the absence of documentary evidence of renunciation by any beneficiary, all nine beneficiaries listed in Form P. & A. 5 are entitled to an equal share of the estate. The court applied section 38 of the Law of Succession Act, which mandates equal distribution among surviving children where there is no spouse and no valid renunciation. The court further held that any property previously given to a beneficiary during the deceased's lifetime, if acknowledged by the others, should be excluded from the distributable estate but deducted from that beneficiary's share. The co-administrators were directed to file summons for confirmation of grant within 30 days, failing...
Court Disposition
Estate to be divided equally among the nine surviving children unless any beneficiary renounces their right; co-administrators to file summons for confirmation of grant within 30 days or grant will be revoked.
Orders
- The estate shall be divided equally among the surviving children listed in Form P. & A. 5 unless any beneficiary renounces their right to inherit.
- Any property given to a beneficiary during the deceased's lifetime and acknowledged by the rest shall be excluded from distribution but discounted from that beneficiary's entitlement.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO.112 OF 2010
IN THE MATTER OF THE ESTATE OF:
LAWRENCE ONGOMA.......................................................................DECEASED
BETWEEN
1. JOHN FRANCIS MUYODI
2. PETER LUNANI ONGOMA......................................CO-ADMINISTRATORS
RULING
1. The deceased herein died intestate.
2. Each of the co-administrator has proposed a rival mode of distribution. The proposal of John Francis Muyodi, claims that their sisters had indicated that they were not interested in the estate. In my perusal of the record, I did not see any document filed to that effect.
3. Form P. & A. 5 has listed nine beneficiaries. I would expect them to be provided for unless any one of them renounces his/her entitlement to inherit.
4. The family was expected to agree on the mode of distribution amongst themselves. This is the easiest way for it is only them who have the knowledge of the peculiar arrangements of their family. However, they have failed to agree. This will therefore mean that section 38 of the Law of Succession Act will apply in this case. It provides:
Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.
5. I will therefore make an order that the estate shall be divided equally among the surviving children. In the course of distribution, any property that had been given to any beneficiary in the lifetime of the deceased and acknowledged to be so by the rest, shall not be available for distribution but it shall however be discounted in the entitlement of such a beneficiary.
6. If the list in form P. & A. 5 is correct and if none of the beneficiaries shall renounce their right to inherit, then the estate will be divided into nine equal shares.
7. The co-administrators are therefore given 30 days of this ruling to file the summons for confirmation of grant. If they fail to do so without an extension of time by the court, then the grant shall automatically be revoked.
DELIVERED and SIGNED at BUSIA this 30th day of September, 2020
KIARIE WAWERU KIARIE
JUDGE