In re Estate of JK (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Family Division
Category
Civil
Judge(s)
Ali-Aroni
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the In re Estate of JK (Deceased) [2020] eKLR case summary, highlighting key legal insights and outcomes related to estate management and succession law.

Case Brief: In re Estate of JK (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of JK Deceased
- Case Number: Succession Cause No. 123 of 2017
- Court: High Court of Kenya, Family Division
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Ali-Aroni
- Country: Kenya

2. Questions Presented:
The central legal issue presented in this case is whether the applicant, CNI, is entitled to provision from the estate of the deceased, JK, despite not being included in the deceased's will.

3. Facts of the Case:
The applicant, CNI, claims to be the biological child of the deceased, JK, and asserts that she was not provided for in his will. She argues that the deceased had supported and maintained her since birth. To substantiate her claims, CNI provided a birth certificate, photographs, and a tribute she wrote in memory of the deceased. The application for provision was unopposed by the other beneficiaries of the estate, which included the executors of the will.

4. Procedural History:
The application was filed on 28th January 2020 under Section 26 of the Law of Succession Act and Rule 45(1) of the Probate and Administration Rules. The court noted that a similar application by another individual, CK, had been granted on 13th February 2020, indicating a precedent for including unprovided beneficiaries. The lack of opposition from other beneficiaries facilitated a straightforward ruling.

5. Analysis:
- Rules: The relevant statute considered by the court is Section 26 of the Law of Succession Act, which allows the court to make provision for dependants who have not been adequately provided for in a will. The court also referenced Rule 45(1) of the Probate and Administration Rules, which governs applications for provision from an estate.
- Case Law: The court referred to a previous ruling involving a similar application (by CK) that established a precedent for recognizing the rights of unprovided dependants in succession matters. This case reinforced the principle that the court has the discretion to ensure that dependants receive fair provision from an estate.
- Application: The court applied the rules and precedent to the facts of the case, recognizing CNI's claim as valid due to her relationship with the deceased and the lack of opposition from other beneficiaries. The court directed that reasonable provision be made for CNI from the residue of the estate at the point of confirmation of the grant.

6. Conclusion:
The court ruled in favor of the applicant, CNI, directing the executors of the will to make reasonable provision for her from the estate of the deceased, JK. This decision underscores the court's commitment to ensuring that dependants are not left without support, even if they are not explicitly mentioned in a will.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the application was unopposed and the court's decision was straightforward based on the presented facts and legal framework.

8. Summary:
The High Court of Kenya ruled in Succession Cause No. 123 of 2017 that CNI, the biological child of the deceased JK, is entitled to reasonable provision from his estate despite her exclusion from the will. This case highlights the court's role in protecting the rights of dependants and ensuring fair distribution of an estate, reinforcing the principles established in the Law of Succession Act.

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