28th March 2023

 S.96.2 Marriage Act

 Voidable are valid until the Petitioner notices something like mental illness – go to court
(void no need for court just go separate ways).
 S.3(5) Succession Act: “Notwithstanding the provisions of any other written law, a
woman married under a system of law which permits polygamy is, where her husband
has contracted a previous or subsequent monogamous marriage to another woman,
nevertheless a wife for the purposes of this Act, and in particular sections 29 and 40
thereof, and her children are accordingly children within the meaning of this Act.” (you
qualify as a wife/child regardless of type of marriage, for purposes of inheritance)- S.6
Marriage Act on kinds of marriages (marriage in one type, can’t marry in another type
like polygamy) – Ruwenji v Ogolla – In re Estate of Peter Simel Muse Lengakah
(Deceased) [2019] eKLR (cohabiting w 3 ladies for >24 yrs., other 2 objected to
application for grant of the 1 st, declared cohabitees, presumed to be in a polygamous
marriage.

4th April 2023

S. 5 LoSA – Capacity – sound mind, - Banks v Goodfellow: delusion didn’t affect
testamentary capacity.
Memory – Stevens v Vancleve (1822): lacked sound memory – couldn’t make a will.
S7 – Invalid will – fraud, coercion, impunity, mistake.

11th April 2023

o S9 on Oral Wills
o Privileged wills – S9(1)
o Next: Revocation of wills, S11-13,17

18th April 2023

REVOCATION OF WILLS
9th May 2023
INTESTACY: Beneficiaries – Division

23rd May 2023

PART V – INTESTACY
 S32 LoSA – Excluded property – agricultural land – livestock – Districts: West Pokot,
Turkana, Marsabit, Mandera, Wajir, Garissa, Tana River, Narok, Samburu, Isiolo, Lamu,
Kajiado – customary law applies as per S33.
  34. Meaning of intestacy: A person who dies without leaving a valid will is said to have
died intestate. In this case, their property will be distributed according to the rules of
intestacy.
 35. Where intestate has left one surviving spouse and child or children: If a person dies
intestate and leaves a surviving spouse and one or more children, the surviving spouse
will be entitled to the following:
* The personal and household effects of the deceased absolutely.
* A life interest in the whole residue of the net intestate estate.
The life interest means that the surviving spouse will be entitled to the income from the property,
but not the property itself. The property will eventually pass to the children when the surviving
spouse dies or remarries.
 36. Where intestate has left one surviving spouse but no child or children
If a person dies intestate and leaves a surviving spouse but no children, the surviving spouse will
be entitled to the following:

* The personal and household effects of the deceased absolutely.

* The first KSh 10,000 or 20% of the residue of the net intestate estate, whichever is greater.
* A life interest in the whole of the remainder.
The life interest and distribution of the property will be the same as in Section 35.

 37. Powers of spouse during life interest

A surviving spouse who is entitled to a life interest under Sections 35 or 36 can sell any property
subject to the interest if it is necessary for their own maintenance. They can do this with the
consent of all co-trustees and all children of full age, or with the consent of the court.

 38. Where intestate has left a surviving child or children but no spouse
If a person dies intestate and leaves a surviving child or children but no spouse, the net intestate
estate will be divided equally among the children.

 39. Where intestate has left no surviving spouse or children

If a person dies intestate and leaves no surviving spouse or children, the net intestate estate will
be distributed to their kindred in the following order of priority:
* Father
* Mother
* Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares
* Half-brothers and half-sisters, and any child or children of deceased half-brothers and half-
sisters, in equal shares
* Relatives who are in the nearest degree of consanguinity up to and including the sixth degree,
in equal shares
If no one in the above order of priority survives the deceased, the net intestate estate will devolve
upon the State.

6th June 2023

 S 45 LOSA – Intermeddling – Household goods are not inherited they belong to the
spouse-Go to chief – then police to seize the goods
 S77 LOSA – sealing of commonwealth and foreign grants – property in diff jx – apply
for grant of probate in either country – to retrieve assets apply to have grant resealed so
its applied in the other jx – S4 LOSA