Daughters consent a must, court rules in property dispute

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[Source: The Standard, by Evelyne Kwamboka]

Failure to get consent from daughters when distributing an estate of the deceased to only sons may cause trouble.

The Law of Succession Act and the Constitution provides for all children to be treated equal, and this calls for an input of all children in distribution of the wealth amassed by a parent when alive.

This was evident in a case in which High Court Judge William Musyoka postponed confirmation of the distribution of an estate on grounds that it was discriminatory against the deceased’s daughters.

“I direct the administrator, within 45 days of this judgment, to place before the court a revised proposal on distribution which makes provision for the daughters of the deceased or provide evidence of renunciation or waiver of inheritance right by the daughters,” the judge said.

He said this in a case in which a former magistrate’s wife filed in court an inventory of his estate along with the manner in which the properties are to be shared, leaving out his two daughters.

Walter Ndolo Nyarima, who was among the magistrates found by the Sharad Rao vetting board unsuitable to serve the Judiciary in 2013, died in June the same year, and was survived by a wife, Frida Amwayi, sons Denis Mbala and Benard Katibi.

He also had three daughters – Caroline Nandwa, Noel Ambiyo and Elizabeth Anyoso.

Amwayi filed summons for confirmation of the grant on July 24, 2015 in which she attached a list of beneficiaries plus the estate’s inventory. The property was to be shared between her and the two sons.

However, a woman opposed confirmation of the grant, saying she was Nyarima’s second wife.

Cynthia Watingu, who managed to be included as a co-administrator of the late Nyarima’s estate, failed to demonstrate to the court that she was ever married to the man; neither did she produce evidence which could presume a marriage out of prolonged cohabitation.

Justice Musyoka ruled that the woman who had a daughter were not survivors of the deceased, and were not entitled to a share in the estate of the deceased.

In an affidavit filed in court in September 2016, Cynthia said the first wife had proposed distribution of the estate without her consent as co-administrator, adding that she bought one of the parcels of land jointly with the deceased.

Real Estate Law Books and Gavel

[Full article: The Standard, by Evelyne Kwamboka]


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