Description

Probate and Administration

1. Tito was gunned down in May 2014 whilst enjoying a drink with friends outside Chelo Bar and Restaurant, Nairobi. The 80 year old businessman died testate, survived by two widows. The widows, Khanjora and Lidia had two children each, and lived in a palatial home in Njarui Estate together with the deceased.

Upon Mr. Tito’s demise, his advocate, Mr. Njirini proceeded to read out the contents of his will in which several bequests had been made as follows:

• That he was bequeathing his palatial home in which they lived to his first wife, Khanjora and her two children to the exclusion of his second wife, Lidia and her two children because Lidia had been unfaithful and cruel to him since his customary marriage to her fifteen years ago. The deceased appointed Khanjora as his executor.
• That he was bequeathing his Njori farm, Nakuru to his mother Mariarosa.
• That he was bequeathing his fish pond together with all the goats in his Kile farm in Kitale to his sister Jemima.
• That he was bequeathing to his brother Jeri all his shoes, suits and Pajero KCF 120CD vehicle.
• That he was bequeathing a 100 acre piece of agricultural land to his friend Josho who had been begging Mr. Tito incessantly to leave him some bequest before Mr. Tito’s demise, to remember Mr. Tito by.

Finally Mr. Tito stated that his body be cremated and his ashes thrown into the Indian Ocean as he did not wish to meet God when he died due to his sinful lifestyle.

After the cremation of the deceased, Lidia rushed to court to challenge the will, claiming that when the deceased drew his will, he was suffering from memory loss. She further claimed that the deceased used to chase her and her children from the home stating that he did not wish to see strangers in his house, and on such occasions she used to stay in her neighbours’ homes.

From the above narrative, discuss in depth with the aid of the Law of Succession Act, Chapter 160, the Constitution of Kenya 2010 and case law, the following legal issues:

• Advise on the validity or otherwise of Mr. Tito’s will and its effect on his beneficiaries.

(14 marks)