[2011] KEHC 3390 (KLR)
The court determined that it would be premature to distribute the estate of the deceased because two of the beneficiaries are minors who cannot legally consent to the distribution. The administrators are therefore required to hold the estate in trust for all beneficiaries, ensuring that the minors' education and...
Source-derived case information.
- Citation
- [2011] KEHC 3390 (KLR)
- Parties
- Applicant: Kimeli Bett Tuei alias Kimeli Bett Arap Tuei; Respondent: Christine Chepkoech Tuei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 96 of 2008
- Procedural Posture
- Probate and Administration / Ruling on Distribution of Estate and Appointment of Trustees
- Outcome
- Estate to be held in trust by administrators for all beneficiaries until minors attain majority age; administrators to be registered as trustees.
- Legal Topics
- Succession of Estates, Administration of Estates, Trusteeship, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimeli Bett Tuei alias Kimeli Bett Arap Tuei
Applicant
Christine Chepkoech Tuei
Respondent
Procedural Posture
Probate and Administration / Ruling on Distribution of Estate and Appointment of Trustees
Legal Issues
- 1 Whether the administrators can distribute the estate before the minor beneficiaries attain majority age.
- 2 Whether the administrators should hold the estate in trust for the beneficiaries, including minors.
- 3 Whether the purported will of the deceased complies with the Law of Succession Act.
Ratio Decidendi
The court determined that it would be premature to distribute the estate of the deceased because two of the beneficiaries are minors who cannot legally consent to the distribution. The administrators are therefore required to hold the estate in trust for all beneficiaries, ensuring that the minors' education and upkeep are provided for. The administrators are to be registered as trustees for the nine beneficiaries, and the distribution of the estate is to be deferred until the minors attain majority age. The purported will left by the deceased was found not to comply with the Law of Succession Act and thus could not be relied upon for distribution.
Court Disposition
Estate to be held in trust by administrators for all beneficiaries until minors attain majority age; administrators to be registered as trustees.
Orders
- Administrators shall be registered as trustees of the nine beneficiaries whose names shall be reflected in the titles.
- Distribution of the estate is deferred until the minor beneficiaries attain majority age.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
PROBATE AND ADMINISTRATION NO. 96 OF 2008
KIMELI BETT TUEI alias KIMELI BETT ARAP TUEI………. …….APPLICANT
Vs.
CHRISTINE CHEPKOECH TUEI……………………………………..PETITIONER
RULING
The Grant of letters of Administration intestate in the estate of the late KIMELI BETT TUEI was made to Messrs Christine Chepkoech Tuei, Willie Kipkoech A. Kikwai, and Vincent Kipngetich Cheruiyot on 29th July 2010. The deceased had left a “will” that did not confirm with the provisions of the Law of Succession Act, Cap 160. Among the beneficiaries of the estate of the deceased are two minors, namely Ivy Chepchirchir Tuei and Purity Chepkorir Tuei. As they are not sui juris, they cannot give their consent to the distribution of the estate. At any rate, the estate is expected to meet the cost of their education and upkeep and the administrators are enjoined to ensure that they are properly catered for in this regard.
In the circumstances, it is premature for there administrators to distribute the estate. It is desirable that the Administrators hold the properties that constitute estate in trust for the beneficiaries and once the minors attain majority age, the estate can then be distributed.
Accordingly, I order that the administrators shall be registered as trustees of the nine beneficiaries whose names shall be reflected in the titles. It is so ordered.
DATEDat KERICHO this 16th Day of FEBRUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mrs. Bett, Advocate, for the Petitioner
Mr. R. Koech, Court clerk