Description

Probate & Administration

1. Mr. Jehu, a wealthy businessman owned several houses in Milizuri Nakuru, a large farm in Kitale in which he grew wheat, and a palatial home in Milisafi, Nairobi.

Mr. Jehu lived happily with his wife Jolly and two grown-up sons, until four months ago when his twin brother fell sick from cancer. Mr. Jehu was affected by his brother’s sickness to a point that he stopped working and on several occasions, he was seen muttering incoherently in a strange voice.

Two months ago Mr. Jehu decided to draw a will bequeathing all his assets to a Children’s Home in Kawangware and kept the Will in his safe.

Mr. Jehu’s brother died a month ago. During the funeral, Mr. Jehu collapsed and died when the body of his brother was being lowered into the grave, at which time people began to scream; among the ones who made the loudest sounds were three women. The first one was Jolly, the second was identified as Kadogo, who claimed that Mr. Jehu had married her but divorced her ten years previously; and the third one, Kasupuu stated that she was the deceased ‘s girlfriend and had a son who was a spitting image of the deceased. Furthermore, Mr. Jehu’s mother cried very loudly saying that her deceased son used to provide for her every need and she now wondered about her future.

After the burial of the deceased, widow Jolly, the divorcee Kadogo and the girlfriend Kasupuu have come to you as a renowned advocate of the High Court of Kenya on succession matters, for legal advice and action, During instructions, Jolly gave you the will she found in the safe.

In the meantime, the deceased’s mother has gone to See their family lawyer for legal advice in order to receive some share from her deceased son’s estate.

Furthermore, the deceased’s neighbor, Reno, has come to see Jolly with a set of keys stating that the deceased had given him the keys and told him that should he die soon he, Reno, should take the car. However, Jolly has chased him away. Mr. Reno has gone to see his lawyer for legal advice.

Meanwhile, the deceased’s young brother Kapaya has driven off with one of the deceased’s cars and taken all his suits and shoes. Jolly has once more gone to see her lawyer for advice. Finally, Kasupuu needs school fees for her son.

• Discuss in-depth the advice the various lawyers will give their clients.

(10 Marks)

• What specific steps would be required of each lawyer in pursuit of their client’s interests?

(5 Marks)