In re Estate of the Late Hanson Nicholas Charles - (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kitale
Category
Civil
Judge(s)
H.K. Chemitei
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Estate of the Late Hanson Nicholas Charles - (Deceased) [2020] eKLR


1. Case Information:
- Name of the Case: In the Matter of the Estate of the Late Hanson Nicholas Charles (Deceased)
- Case Number: Succession Cause No. 27 of 2017
- Court: High Court of Kenya at Kitale
- Date Delivered: October 28, 2020
- Category of Law: Civil
- Judge(s): H.K. Chemitei
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
1. The authenticity of two wills purportedly left by the deceased, Hanson Nicholas Charles.
2. Whether the deceased had the mental capacity to execute the will.
3. The validity of the will in terms of its compliance with the Succession Act, particularly regarding the provisions for the deceased's children and wives.

3. Facts of the Case:
The deceased, Hanson Nicholas Charles, died on May 25, 2017, leaving behind three widows, including the Plaintiff, Jane Nabututu Nick, and several children. The deceased had a will dated July 11, 2014, which named the Respondents, who are also his children, as trustees or executors. The Plaintiff objected to the will, claiming it was forged and that she and her children were not adequately provided for.

The Plaintiff's case included testimony from a document examiner who found the signatures on the will to be forgeries. The Plaintiff argued that the deceased lacked the capacity to draft the will due to his age and illness. The Respondents contested these claims, presenting evidence that the will was validly executed and that the deceased was of sound mind when he made it.

4. Procedural History:
The case began with the Plaintiff's application dated September 28, 2018, contesting the will. The court ordered that the matter be determined through oral evidence. The Plaintiff presented witnesses, including a document examiner, while the Respondents presented evidence from the deceased's advocate and family members. After the trial, the parties were ordered to file written submissions, with only the Plaintiff's counsel complying.

5. Analysis:
- Rules: The court considered Section 11 of the Succession Act, which outlines the requirements for a valid will, including the necessity of two witnesses and the testator's signature.

- Case Law: The court referenced previous cases that established the standards for determining the validity of wills and the testator's capacity. The court also noted the importance of the testimony of witnesses in establishing the authenticity of the will.

- Application: The court found that the will presented by the Respondents was the only valid document, as the Plaintiff failed to provide the original will or a credible explanation for her photocopy. The document examiner's findings of forgery were deemed insufficient without corroborating evidence from the alleged forgers. The court concluded that the deceased had the requisite mental capacity, as no medical evidence was presented to suggest otherwise.

6. Conclusion:
The court ruled that the will filed by the Respondents was valid and executed in compliance with the law. The Plaintiff's application was dismissed, and the court found no evidence of forgery or mental incapacity on the part of the deceased. This decision upheld the deceased's intentions regarding the distribution of his estate.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya upheld the validity of the will of Hanson Nicholas Charles, dismissing the Plaintiff's claims of forgery and lack of capacity. The ruling emphasized the importance of proper execution of wills and the need for credible evidence in succession disputes. This case reinforces the legal standards for will execution under the Succession Act and highlights the court's reliance on witness credibility and expert testimony.

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