In the Estate of Samson Mwakanema (Probate Cause 377 of 2018) [2018] MWHC 753 (3 July 2018)

In the Estate of Samson Mwakanema (Probate Cause 377 of 2018) [2018] MWHC 753 (3 July 2018)

The grant of letters of administration is allowed, but the distribution of the estate must comply with section 17 of the Act, requiring equal shares among children unless special circumstances exist, and age must be considered if known.

Citation
[2018] MWHC 753
Parties
Applicant: Winley Msukwa; Applicant: Peter Mwakanema; Deceased: Samson Mwakanema (Deceased)
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
3 July 2018
Case Number
Probate Cause 377 of 2018
Procedural Posture
Probate / Application for Grant of Letters of Administration
Outcome
letters of administration granted with directions
Legal Topics
Intestacy, Distribution of Estate, Letters of Administration
Source Language
English
Succession Law Intestacy Distribution of Estate Letters of Administration

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Parties

Winley Msukwa

Applicant

Peter Mwakanema

Applicant

Samson Mwakanema (Deceased)

Deceased

Procedural Posture

Probate / Application for Grant of Letters of Administration

Legal Issues

  1. 1 Whether the applicants are entitled to a grant of letters of administration for the estate of Samson Mwakanema
  2. 2 Whether the proposed distribution of the estate complies with section 17 of the Deceased Estate (Wills, Inheritance and Protection) Act

Ratio Decidendi

The grant of letters of administration is allowed, but the distribution of the estate must comply with section 17 of the Act, requiring equal shares among children unless special circumstances exist, and age must be considered if known.

Court Disposition

letters of administration granted with directions

Orders

  • Letters of administration granted to Winley Msukwa and Peter Mwakanema.
  • District Commissioner for Karonga to ensure distribution in accordance with section 17 of the Deceased Estate (Wills, Inheritance and Protection) Act.