Mokua married Kemunto in 1970. Both has lived happily with their Jon Joash until Mokua died in a tragic road accident in November 1991. Unfortunately Mokua had not made a will in respect of all his free property. Kemunto does not know her rights over the property left by her husbands. She comes to you for advice.
Advice her. Would your advice be different if they had no child?
ANSWER
• This problem is based on intestate succession as provided by the provisions of the Law of Succession Act.
• In this case it is apparent that Mokua had a child. Joash hence the provisions of section 35 of the Act applies.
• Kemunto is entitled to:
o All personal and household effects of Mokua absolutely.
o A life interest in the remainder of the net intestate estate.
o The power of appointment over the net intestate estate of mokua.
• If Mokua had no child, Mokua‟s net intestate estate would devolve in accordance with the provisions of section 36 of the Act and Kemunto would be entitled to:
o The first Kshs 10,000 out of the net intestate estate or 20% thereof whichever is greater.
o A life interest in the residue of the net intestate estate.
o All the personal and household effects of Mokua absolutely.