In re Estate of MSH (Deceased) (Succession Cause 70 of 2013) [2016] KEKC 17 (KLR) (5 May 2016) (Judgment)
- Court
- KEKC
- Case number
- 17
- Citation
- [2016] KEKC 17 (KLR)
- Decided
- 5 May 2016
The house constitutes the estate of the deceased and the legal heirs are KI mother, HMA widow, YMS son, AMS son, UMS son, NMS daughter, and SMS son. Nassor is not a legal heir but was brought up by the deceased.
Facts
The deceased, MSH, was an employee who died in 2013. He had four wives and children from them, and also raised a child named N from his last wife, the respondent. The house in question was bought with the deceased's retirement benefit and was on Plot No [particulars withheld].
Issues
- What constitutes the estate of the deceased
- The legal heirs and their respective shares
- Distribution of the estate
Reasoning
The house was bought with the deceased's retirement benefit and is part of his estate. The deceased's will was not written, but he orally willed that Nassor gets a share in the estate. The deceased's estate includes the house and the legal heirs are those mentioned.
Outcome
The respondent is ordered to hand over the documents for the house and its benefits to the petitioner.
Orders
- The respondent is ordered to hand over the documents for the house and its benefits to the petitioner
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