EXAM OF 4TH MAY 2021 - Exam paper PDF

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UNIVERSITY OF NAIROBIUNIVERSITY EXAMINATIONS 2020/ 2021THIRD YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOROF LAWSGPR 322: FAMILY LAW & SUCCESSIONDATE: 4 TH MAY 2021 TIME: 9 AM-2TIME ALLOWED: 5 HOURSINSTRUCTIONS : This Examination is administered virtually, through the Goggle Classroom Platform. A...

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UNIVERSITY OF NAIROBI UNIVERSITY EXAMINATIONS 2020/ 2021 THIRD YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR

OF LAWS GPR 322: FAMILY LAW & SUCCESSION DATE: 4 MAY 2021 TIME: 9.00 AM-2.00PM TH

TIME ALLOWED: 5 HOURS INSTRUCTIONS: 1. This Examination is administered virtually, through the Goggle Classroom Platform. 2. ANSWER THREE QUESTIONS. 3. QUESTION 1 IS COMPULSORY. 4. YOU MUST ANSWER A QUESTION IN SECTION B. 5. WRITE SHORT, ARTICULATE AND CONCISE ANSWERS SECTION A. FAMILY LAW. Q.1 (a). The concept of family is broad-based. It incorporates familial forms unknown and distinguishable from the formal family model. What do you consider to be the ideal definition of family in Kenya? (10Marks) (b). How has individualism impacted the traditional family form? Are there pros and cons of individualism in the context of Kenyan social life? (5Marks) (c ). Should Family life be encouraged and why? What international legal instruments support the institution of family? (5Marks) (d). What is the relevance if any, of Family Law to testate and intestate succession? (10 Marks).

Q.2. (a) What do you consider as the benefits of Court Annexed Mediation processes in the family justice system and why is it recommended over the traditional adversarial model of dispute resolution in family disputes? (10Marks)

(b) What role do courts play in the Family Justice system and in what disputes are courts indispensable avenues for dispute resolution and adjudication? (10Marks).

Q.3 (a). “It is impossible to provide a singular definition of marriage. Marriage is whatever the parties to a marriage take it to mean”. (Herring, 2019). Evaluate this statement in the context of what marriage means in Kenya. (10Marks) (b). Is marriage a contract or a status? What entry requirements are mandated by the law in Kenya before one may claim to have attained the status of married? (5Marks) (c). What reasons may be advanced to rebut an argument for presumption of marriage for a cohabiting couple? (5Marks).

SECTION B. THE LAW OF SUCCESSION Q4. (a). What laws govern the functions of personal representatives, executors, and executrices of estates in Kenya? (5Marks) (b) Why are personal representatives, executors and executrices of estates thrust into fiduciary obligations with respect to deceased persons estate? (5Marks) (c ) What is the opportune time to transfer the capital assets of the estate of a deceased to beneficiaries and dependents? (5Marks) (d ) Who is entitled to proprietary rights of a deceased person's real estate? (5 Marks).

Q.5(a). What is the role of the Public Trustee in the administration of estates of deceased persons in Kenya? (5 Marks) (b). What specific estates may thrust personal representatives, executors, and executrices into an elongated trusteeship role and why? (5Marks). (c). How should personal representatives, executors and executrices deal with the creditors and debtors of the estates for whom management is delegated? (10 Marks). Q. 6 (a) Citing relevant case law, discuss the import of section 93 of the Law of Succession Act. (10 Marks) (b). What is the relevance of ADR in the administration and probate of estates of deceased persons in Kenya (5Marks)? (c ) What is the fundamental role of the Probate Court? What statute law governs the jurisdiction and proper court to which P&A proceedings should be filed. (5Marks)....