Interstate succession

Question 1

what is interstate?
s.?

Answer 1

no will, valid will, partial valid will etc
s.32- 42 Part V

Question 2

exemption of certain property from the intestacy
1 case
2 provisions

Answer 2

s.32 and 33
rono v rono

Question 3

4 scenarios for interstate

1. spouse and children - 2provisions
2. spouse no children - 2 PROVISIONS 1 CASE
3. no spouse but children
4. no spouse and no children

Answer 3

1. spouse and children - s.35
   spouse- personal and household (S.3) to wife. life interest on the rest.
   children - property subject of a life interest is to the children in the event to the spouse demise. holds in trust
   but if the spouse gets marries, she losses the life interest.
   life interest allows for the use of the property subject of life interest. Does not pass absolutely to the wife, and therefore cannot register it in their name.

s.37 allows that through consent of all co-trustees, the spouse can sells the property subject fo the life interest for their own maintenance. However, for immovable property, they need court approve.

2. spouse no children - s.36
   - out of the net interstate - personal and household effects of the deceased absolutely
   10,000 or 20% of the residue of the net interstate which ever is greater
   life interest in the whole of the remainder
   BUT LIFE INTEREST IS LOST UPON REMARRIAGE.
   - S.36 - says court may vary the 10,000
   - 80% left, devolved to the upon surving relatives of the deceased as set out in section 39. (WILLINSTONG MUCHIGI KIMARI V RAHAB WANJIRU MUGO)
3. no spouse but children - s.38
   net interstate to children.
   s.41- divided equally among children. but Ngungi has said it should be subject to equity.
4. no spouse no childre - s.39
   hierarchy - blood based - each category equal share. only move on when there is no person in the first hierarchy.

Question 4

WHO IS A CHILD

Answer 4

S.3.2 AND 3.3
FEMALE- WEDLOCK CHILD
MALE- ACCEPTED

s. 171- 176 children act - adopted children

NSA AND ANOTHER V CS MINISTRY OF INTERIRO COORDINATIONA ND NATIONAL GOVT AND ANOTHER (201)- discriminatory - A.53

Question 5

who is a wife?

Answer 5

s.3(5) - protects African customary wives for s.29 and 40

Question 6

polygamy - provision 1 case

Answer 6

s.40 - devolves by units

rono v rono - 2 widows (3s/ 2 d) —(4 d)

Question 7

dependancy

Answer 7

s.26- 30

s.26 - application to court for lack of reasonable provision. not suo moto. from the net estate
s.27 - court discretion to make one or more orders as it sees fit.
s.28 - circumstances considered by court (7)
s.29 - technical definition of dependant - wife/ former wife and children do not need to prove/// other relatives and husband need to prove!
s.30 - time is before a grante of probate is granted.