A Question on Succession

[Aviator]

Ain't that hear say at this point, does any of the siblings agree on what the dads wishes were?

The living siblings all agree that the dad had disowned this black sheep. The only one who is contesting this is the illegitimate son of their late brother.
Anyone who knows the family would readily agree, coz they know the relationship that existed between this guy and the dad.
Unafikiri kupeleka mzazi kwa chief ati akugawie Mali ni kitu kidogo?

 

[wrongturn]

Does the Constitution supercedes customary law

constitution is supreme,your sisters are entitled just like you.

 

[shocks]

The living siblings all agree that the dad had disowned this black sheep.

And his last act of dis-inheriting the son was welcoming him back to the fold? These are just conniving bastards agreeing on the one thing that will increase their share then dis-agreeing on everything else

 

[Aviator]

And his last act of dis-inheriting the son was welcoming him back to the fold? These are just conniving bastards agreeing on the one thing that will increase their share then dis-agreeing on everything else

When the son came back, Mzee alikua amegongwa na dementia. He was actually wheelchair-ridden

 

[Cortedivoire]

Total acreage and amount. Divided by number of disputants. Kula mtu ajipee shughli

 

[Mwalimu-G]

In my place, we value "mugambo" more than the law.

Was the mugambo left with a trusted mzee family friend?

 

[Mwalimu-G]

Kwani equal sharing iko na shida

Ni hiyo mazematics mingi.

 

[shocks]

Ni hiyo mazematics mingi.

Hehehehe, complication is that some of mzees property has already become personal, e.g the son with 15acres, panga itatembea before boundaries are touched, so equal inheritance can only be achieved in roundabout way to keep friction at minimum
There was such a case in the greater Githunguri area, old man had two wives, first wife had 2 sons and 5 daughters, second wife 4 sons and 3 daughters. Old man passed away, no will. First family decided to play it fast and loose, they insisted old man's wishes were to divide the land into halfs for each house, then each house sorts itself. The math was benefitial to them coz. two sons would share half then 4 sons of the other house also share half. This disagreement led to a court case, everybody lost coz. coz. the judge invited the daughers to the inheritance party

 

[Aviator]

Total acreage and amount. Divided by number of disputants. Kula mtu ajipee shughli

Remaining acreage aama whatever was there initially?

Was the mugambo left with a trusted mzee family friend?

Not that I know of.

so equal inheritance can only be achieved in roundabout way to keep friction at minimum

Hapo wakianza kuongea mambo ya historical injustices ata korti haitaamua. Na ikiamua Kuna wengine watakua marehemu.

 

[Mwalimu-G]

Not that I know of.

Hiyo case ya what was said or not said will never end in your lifetime. The best strategy is to appeal to their reason and remind them that they are siblings. Na kwanza wakule some good food washibe - a fool stomach tempers the mind.

 

[YoungD]

hizo story za inheritance huwa bad nyius! If you follow what happens to the Kirima succession in court, Netflix is missing out on premium content.

 

[X-TRAIL]

hizo story za inheritance huwa bad nyius! If you follow what happens to the Kirima succession in court, Netflix is missing out on premium content.

Waaaah

 

[Tiiga Waana]

When someone dies without a valid and enforceable will or other binding declaration, their estate is distributed to beneficiaries according to the Laws of Intestate otherwise also referred to as Law Of Descent and Distribution.
This law is very important as it determines who is entitled to property under the rules of inheritance.

In the above scenario that you have thoroughly detailed, I can assure you of two things that will come as a shock to you and the immediate family.

Firstly is to state that the Court will not be an iota interested in the properties that have already been distributed by the Deceased - the Court can’t annul, modify or vary the decisions of the Deceased. All that will preoccupy the Court will be the intestate properties (yet to be distributed).

Secondly and importantly, the Sons of the wayward Son stand to benefit from the Estate albeit they were not his blood - He adopted them and as such had rights equal to being biological Sons.
Mind you @Aviator, we can safely surmise that since the Deceased once conferred a property to the Son, there is no reason why he can’t be conferred to again through his beneficiaries (his Sons).

Needless to state here is to point out that the law does not discriminate along gender lines.

 

[Aviator]

Hiyo case ya what was said or not said will never end in your lifetime. The best strategy is to appeal to their reason and remind them that they are siblings. Na kwanza wakule some good food washibe - a fool stomach tempers the mind.

Out of curiosity, what if there can be provided two independent elders to confirm that the late Mzee had said that?

 

[Aviator]

Mind you @Aviator, we can safely surmise that since the Deceased once conferred a property to the Son, there is no reason why he can’t be conferred to again through his beneficiaries (his Sons).

This caught my attention.
From what I know, he conferred to him as a way of getting him away from the rest. And that is why he was given land over 200kms away, while everyone else was given at the current home.
And all the other siblings are in agreement on this. And I too know that's the case.

Is that a valid argument?

other binding declaration

What does this refer to?

 

[Mwalimu-G]

Out of curiosity, what if there can be provided two independent elders to confirm that the late Mzee had said that?

Too risky. Any such elders must be known to have been close to their family and two things could happen - why are they showing up now and the risk of contradictions in a made up story is too high.

 

[Aviator]

Too risky. Any such elders must be known to have been close to their family and two things could happen - why are they showing up now and the risk of contradictions in a made up story is too high.

Well,am talking of real elders who may have been told that by the Mzee at some point.
For example, I remember one time we were talking and he told me he has sent his son to Nakuru coz he doesn't want anything further to do with him. But that was over some general talk, nothing to do with his succession.

 

[Mwalimu-G]

Well,am talking of real elders who may have been told that by the Mzee at some point.
For example, I remember one time we were talking and he told me he has sent his son to Nakuru coz he doesn't want anything further to do with him. But that was over some general talk, nothing to do with his succession.

My final submission: Keep it simple. Let the talks be about what is remaining - not what anyone may have received before death (including the Nakuru land). May peace prevail and finally an amicable solution is an investment in the future unity of the cousins.

 

[Mtumsafi]

Anyone here with a simple draft will for mkulima mdogo, so we don't have such issues in years to come?

 

[Tiiga Waana]

This caught my attention.
From what I know, he conferred to him as a way of getting him away from the rest. And that is why he was given land over 200kms away, while everyone else was given at the current home.
And all the other siblings are in agreement on this. And I too know that's the case.

Is that a valid argument?

Maybe not.
The risk that was being averted by the Deceased is already past!
He is now dead and gone and never to appear to cause ruckus and disagreements and fights.
His right as a Son and heir still subsists through his Sons, who incidentally, have caused no one trouble to talk about and are in real need of these benefits to avoid them being destitute and homeless.
They shouldn’t be punished for the sins of their Father.