DIVISION OF PROPERTY IN A MONOGAMOUS FAMILY
- Where an intestate has left one surviving spouse and a child or children, the surviving spouse shall be entitled to -
(b) a life interest in the whole residue of the net intestate estate:
Provided that, if the surviving spouse is a widow, that interest shall determine upon her re-marriage to any person.
A surviving spouse shall,have a power of appointment of all or any part of the capital of the net intestate estate by way of gift taking immediate effect among the surviving child or children, but that power shall not be exercised by will nor in such manner as to take effect at any future date.
Where any child considers that the power of appointment has been unreasonably exercised or withheld, he or, if a minor, his representative may apply to the court for the appointment of his share, with or without variation of any appointment already made.In such a situation, the court may award the applicant a share of the capital of the net intestate estate with or without variation of any appointment already made, and in determining whether an order shall be made, shall have regard to -
(a) the nature and amount of the deceased’s property;
(b) any past, present or future capital or income from any source of the applicant and of the surviving spouse;
(c) the existing and future means and needs of the applicant and the surviving spouse;
(d) whether the deceased had made any advancement or other gift to the applicant during his lifetime or by will;
(e) the conduct of the applicant in relation to the deceased and to the surviving spouse;
(f) the situation and circumstances of any other person who has any vested or contingent interest in the net intestate estate of the deceased or as a beneficiary under his will, if any; and
(g) the general circumstances of the case including the surviving spouse’s reasons for withholding or exercising the power in the manner in which he or she did, and any other application made under this section.
- Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the net intestate estate to -
(b) the first ten thousand shillings out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and
(c) a life interest in the whole of the remainder:
Provided that if the surviving spouse is a widow, that life interest shall be determined upon her re-marriage to any person.
- Where intestate has left a surviving child or children but no spouse.
DIVISION OF PROPERTY IN A POLYGAMOUS FAMILY
Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children.