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    ATP 102 Probate and Administration Course Outline 2023-2024

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    Peter Owino

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    ATP 102 Probate and Administration Course Outline 2023-2024

    Uploaded by

    Peter Owino
    3 views4 pages

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    3 views4 pages

    ATP 102 Probate and Administration Course Outline 2023-2024

    Uploaded by

    Peter Owino

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    KENYA SCHOOL OF LAW

    ADVOCATES TRAINING PROGRAMME


    ACADEMIC YEAR 2023/2024
    ATP 102- PROBATE AND ADMINISTRATION

    Course coordinator: Ms. Anastasia Otieno


    Course Instructors:
    Ms. Anastasia Otieno email: [email protected] Class D. E & F
    Mrs. Rose T. Ruto email [email protected] Class A, B & C
    Mr. Tonny Moses Odera email [email protected] Class G

    Consultation: On appointment

    Purpose of the Subject


    The purpose of the subject is to equip the learners with knowledge and skills for practically handling
    and resolving issues relating to estate of deceased persons according to the succession process and
    procedures.

    Learning outcomes

    By the end of the subject the learner should be able to:-

    i. Identify the essentials of a valid written and oral will.


    ii. Draw a valid will, codicil and other related documents
    iii. Demonstrate the understanding of the court process of succession.
    iv. Apply the substantive law of succession to different case scenarios.
    v. Use the standard forms applicable in Succession.

    COURSE CONTENT

    TERM 1

    Week 1 (2 hours)
    Objective: At the end of this lesson the learner should be able to apply the Law of succession in the
    right context.

    i. Introduction- Historical background of succession law in Kenya.


    ● The commencement of the Law of Succession Act
    ● The law applicable before the commencement of the act
    ● Why is it relevant?
    Reading pointers: Law of Succession Act Section 2 and 32
    W. M. Musyoka Law of Succession Act pg. 11 to 15
    .
    Week 2 (2 Hours)

    ii. Overview of the legal framework of law of succession-relationship between the law of succession
    and other laws.
    Principles of application of the Law of Succession Act- sec. 2(2)
    ● In relation to
    o Marriage Act
    1
    o Customary Law

    Week 3-4 (4 hours)


    iii. Property exempted from the law of succession
    ● Property under Islamic law,
    ● Co-ownership of property
    ● Nominations

    Week 4-6 (4 hours)

    iv. Testate Succession – Introduction to Wills and Codicils


    ● Definition of wills
    ● Physical requirements of a valid will.-sec. 11

    v. Drawing of valid Wills and Codicils


    ● Types of wills sec.3, 8,9
    ● Concurrent wills
    ● Codicils
    Week 7 (2 hours)
    ● Capacity to write wills
    o Mental capacity
    o Insane dilutions
    o Knowledge and approval
    ● Who may not be left out when writing a will?

    Week 8 and 9 ( 6 hours)


    vi. Process of revocation, alteration, and revival of Wills (sec 17-21)
    ● Capacity
    ● Revocation – expressed, by marriage and by destruction
    ● Alteration of wills - by other wills and codicils and by cancellation
    ● Revival of wills- sec. 21 LSA.
    Week 10 (2 hours)

    vii. Proof of Wills- oral wills, wills with executors, and wills without executors named

    Week 11 (2 hours)

    viii. Objection to wills- sec.29 , 67-70 Rules 7(4) and 17(1)


    ● Grounds for objections –sec, 26, 29.
    ● Procedure

    TERM 2

    Week 1 (2hours)
    ix. Application for reasonable provision, testate
    ● Sec 26-30.
    ● Procedure

    Week 2(2 hours)

    x. Introduction to Intestate Succession


    ● Citations
    Week 3-4 (4 hours)
    ● Dependents –sec 29
    ● Effect of marriages on succession
    2
    ● Woman under sec.3(5)
    Week 5 (2 hours)
    ● Definition of children

    Week 6 (2 hours)
    x. Protection of Estate- intermeddling

    Week 7 (2 hours)
    xi. Jurisdiction on matters of succession
    ● Magistrates Courts Act 2015

    Week 8- 9 ( 4 hours)

    xii. Petition for grant of letters of administration


    ● Who may take out grants
    ● Petitions
    ● Gazettement
    ● Simple grant
    Week 10-11 (4 hours)
    xiii. Objections
    ● Who may file objections
    ● Reasons for filing objections
    o Sec 68
    o Cohabitee
    o Donation mortis causa
    o Others
    ● Time of filing
    TERM 3
    Week 1 (2 hours)
    ● Objections filing process

    Week 2 (2 hours)
    xiv. Confirmation of grants

    Week 3 (2 hours)
    xv. Reasonable provision, intestate

    Week 4-6 (6 hours)


    xvi. Revocation and annulment of grants

    Week 7(4 hours)


    xvii. Limited grants
    ● Types
    ● Purpose
    ● Procedure

    Week 8 (2 hours)
    xviii. Procedure of succession for moveable and immoveable property in foreign jurisdictions.

    Week 9 (2 hours)
    Roles and Duties of the administrator

    Weeks 10-11 (4 hours)


    xix. Estate Accounts
    3
    Mode of Delivery
    i. Interactive lectures
    ii. Seminars and tutorials
    iii. Guest lectures
    iv. Power-point presentation slides
    v. Group discussions
    vi. Class Presentations
    vii. Role Plays
    viii. Audio-visual instruction aids
    ix. Moot courts
    x. Legal aid clinics
    xi. Study tours
    xii. Exchange programmes

    MODE OF ASSESSMENT

    Project work (including CAT) 20


    Oral examination 20
    Written Examination 60

    Core Reading Materials

    i. Musyoka, W.M., (2006). Law of Succession. Nairobi, Kenya: Law Africa Publishing (K) Ltd.

    ii. Lady Justice Mary A. Ang'awa, (2015). Procedure in the Law of Succession in Kenya. Nairobi,
    Kenya: Law Africa Publishing (K) Ltd.

    iii. Barry & Clark, The Law of Succession 13th Edition

    Recommended Reference Materials

    i. Eugene Cotran, Restatement of African Law II- The Law of Succession

    ii. Eugene Cotran, Case Book on Kenya Customary Law

    Statutes
    a. Law of Succession Act Cap. 160
    b. Law of Succession (Amendment) Act, 2021

    c. The Marriage Act 2014


    d. Matrimonial Property Act 2013
    e. The Constitution of Kenya, 2010
    f. The Land Act, 2012

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