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Law Of Succession Question Paper

Law Of Succession

Course:Bachelors Of Law

Institution: Jomo Kenyatta University Of Agriculture And Technology question papers

Exam Year:2012

JOMO KENYATTA UNIVERSTY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2012/2013
END OF SEMESTER EXAMINATION FOR THE DEGREE OF BACHELORS OF LAW
LSC 2212: LAW OF SUCCESSION
DATE: AUGUST 2012
TIME: 2 HOURS
INSTRUCTIONS: ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS
QUESTION ONE
(a) Joseph Rongei died on 20th July 2011, aged seventy two years. He was a farmer in Uasin Gishu. He left a sizeable estate compromising of 183 acres of lan, a farm house and two underdeveloped plots in Eldoret town. He is survived by two wive, Margaret Rongei and Martha Rongei. The deceased is also survived by seven daughters and four sons, all children of Margaret and Martha. Five daughters are married while two are not. The sons allege that under Keiyo customary law which applies to the deceased, married daughters receive no share of inheritance. Unmarried daughters inherit only a small portion of the deceased’s estate because they are likely to marry in course of time. Based on this, a dispute in regard to inheritance of Joseph Rongei’s estate ensued.
Advise the deceased’s widows and daughters on the proper legal position with reference to applicable statutory and case law. (20 marks)
(b) Explain ways in which kenya’s constitution 2010 enhances protection of beneficiaries in intestate succession. (10 marks)
QUESTION TWO
Critically discuss the following:
(a) Privileged Wills
(b) Cains Vs Moon(1896) 2QB 283
(c) Suspicious circumstances in testamentary wills (20 marks)
QUESTION THREE
Explain three formal requirements for validity of a written will with reference to the relevant statutory and case law. (20 marks)
QUESTION FOUR
“All wills are revocable. This is an expression of the freedom of testation. The freedom to make a Will extends to cover the freedom to revoke it”, Per William Musyoka, Law of succession, (Law Africa Publishing(K) Ltd, Nairobi, 2008) at page 63.
In light of the above statement discuss the three methods of voluntary revocation of wills while citing the relevant statutory and case law. (20 marks)
QUESTION FIVE
(a) Kiilu is a medical doctor at Kenyatta National Hospital. His father Mutua died recently. Prior to his health he had written a Will under which he distributed his entire estate to three children. Kiilu was excluded from inheritance because his father Mutua wrongly and insanely believed that he was trying to kill him bassed on two occasions when he took him to a psychiatrist against his will. Kiilu intends to challenge the validity of the will.
(b) Advise Kiilu on the legal position with reference to relevant statutory and case law. (12 marks)
(c) Explain three advantages of making a will. (8 marks)

Law Of Succession Question Paper

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