The Nakuru Supreme Court ruled that spouses do not have the right to automatically administer their partner’s estate after their death.
In the court’s landmark ruling on Tuesday, May 31, the high court prioritized the management of wealth and matrimonial property, arguing that spouses must prove beyond a reasonable doubt why they should control the property over other family members.
Judge Theresia Masica, who delivered the judgment, noted that the court will issue wealth management orders to primary dependants who are shown to be more qualified than others in the matrimonial estate.
“According to the law, culture and hierarchy, spouses feel more entitled to control the estate after the spouse’s death. However, they must prove in court that they are most qualified to manage their [partner’s] estate,” Judge Matheka ruled that the value of the estate Custodian of a multi-million dollar estate at the expense of other dependents named in the will.
Judge Masika denied her motion, setting a precedent for future decisions on marital property management.
According to Section 29(1) of the Inheritance Act, the spouse is considered to be the main breadwinner of the family with the children of the deceased partner, whether or not they were supported by the deceased partner.
However, Justice Matheka noted that section 66 of the Act requires the court to use a priority list to determine administrators in the absence of a written will.
The law states: “The court has the final discretion as to who to issue a letter of comfort.”
The ruling comes just months after the same judge ruled that a child with a disputed paternity no longer needs to undergo DNA testing as a beneficiary of his father’s estate under section 29 of the Inheritance Act as a dependant made.
The law also states that if the deceased is a woman, her husband automatically becomes a dependent if she was raised by her shortly before her death.
