Description

Probate and Administration

1. Mwisho’s friend died two months ago, and since his demise his widow, children, parents and siblings have been fighting for control of his large estate. However, Mr. Mwisho does not want such an occurrence to happen to his family when he dies. He, therefore, wishes to leave a will which shall not be challenged, and has decided to seek legal advice from you, his lawyer of 20 years.

Discuss in depth, with the aid of statutory provisions under the Law of Succession Act (Chapter 160 of the Laws of Kenya) and case law, the requirements and formalities of valid wills and what happens if the deceased had acquired more property and did not include them in the will.

(15 Marks)