LEGAL OPINION ON SUCESSION MATTER. Law Case Study. (Case Study Sample)
THIS TASK WAS A CLIENT'S BRIEF ON LEGAL OPINION ON A SUCCESSION MATTERsource..
Mr. xyz17th January, 2019
RE:LEGAL OPINION ON THE DISTRIBUTION OF THE DECEASED’S ESTATE
We refer to the above and to an earlier conversation on the 16th January 2019.Find below our opinion on the subject matter.
The Law of succession in Kenya is primarily governed by the Law of Probate and Succession. The property of the decease and all his personal effects cannot be dealt with or distributed without the consent of court which is obtained through the law of succession.
The court issues grants to the administrator or executor in the case where there is a valid will.
The administrator is tasked with distribution of the estate of the deceased to the beneficiaries.
As per our discussion, there are various issues that came up for consideration;
1 Ancestral land and other properties to be distributed to company with beneficiaries as shareholders
In a matter as this where there is no dispute; the succession matter is treated as a non-contentious probate. Theoretically, non-contentious probate is a judicial act, but in practice it is granted without a formal hearing or court appearance.
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