GPR 322 October 21ST 2021- Final FOR Revision PDF

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UNIVERSITY O F NAIROB IFAMILY LAW & SUCCESSIONEXAMINATION PAPERSPECIAL SUPPLEMENTARY EXAMINATION. GPR 322EXAM DATE 21 st OCTOBER 2021INSTRUCTIONS: ANSWER THREE QUESTIONS. QUESTION 1 INSECTION A IS COMPULSORY. YOU MUST ANSWER A QUESTION INSECTION B WHICH DEALS WITH THE LAW OF SUCCESSION.WRITE SHO...

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UNIVERSITY OF NAIROBI FAMILY LAW & SUCCESSION EXAMINATION PAPER SPECIAL SUPPLEMENTARY EXAMINATION. GPR 322 EXAM DATE 21st OCTOBER 2021 INSTRUCTIONS: ANSWER THREE QUESTIONS. QUESTION 1 IN SECTION A IS COMPULSORY. YOU MUST ANSWER A QUESTION IN SECTION B WHICH DEALS WITH THE LAW OF SUCCESSION. WRITE SHORT, ARTICULATE AND CONCISE ANSWERS.

TIME: 9:00AM- 1:00PM

SECTION A: FAMILY LAW Q1(a). Explain and evaluate the different theories that seek to define a ‘family’. What definition would be considered ideal by the law? (10Marks). (b). What do you opine to be the role of a lawyer in the Kenyan Family Justice System? (c). Does the law adequately provide for all family related problems of the contemporary Kenyan society? Explain your answer. (10Marks). Q2(a). Is Alternative Dispute Resolution Applicable in the determination of family related cases? ? Explain your answer. (10Marks) (b).Scientific data and research explain the causes of family disputes as rooted in egocentricity, personality disorders, neurocognitive impairment, and psychopathological traits of family members amongst other reasons. Apart from lawyers, Judges and Magistrates, what other categories of professionals would be pivotal in resolving family law related disputes? (10Marks). Q3(a). Do you consider marriage a contract or a status? Explain your answer. (10Marks). (b). What are the legal consequences of marriage? (10Marks).

SECTION B: THE LAW OF SUCCESSION John Mwenda’s estate was divided by the executrix of his will pursuant to a confirmation of grant of probate on the 3rd of January 2020. His widow Beatrice has recently discovered that John owned real estate and money which were excluded from his will. John’s concubinage is in possession of the land L.R 209/9898 a property in Kitsuru. The title document was

discovered at John’s office on the 2nd of January 2021. Advise Beatrice on the steps necessary to realize the property and Kshs. 491,000/ in his Stanlib Bank Account. (10Marks). (b). John is survived by Beatrice and 4 Adult sons. His other dependents include his mother father, 3 jobless sisters, and 3 impecunious brothers. Who is entitled to the property and money? John’s parents are also impoverished. Explain your answer. (10Marks). Q5 (a). In what cases does the court consider the consanguinity tree as relevant in the resolution of a succession dispute? (5Marks). (b). Creditors of a deceased estate may petition the court for a grant of representation subject to certain prerequisites being met. Discuss the conditions precedent to the issuance of a grant of representation to creditors. (5Marks). (c ). In what succession cases is it fundamental to pursue Alternative Dispute Resolution as an avenue for determining beneficiary entitlements to a deceased estate? (5Marks). (d). Is customary law relevant in the distribution of a deceased estate post 27 th August 2010? (5Marks). Q6 (a).What is a continuing trust? and what preconditions and conditions govern the administration of a deceased estate in situations of a continuing trust (5Marks). (b). What constitutional provisions would apply to anchor an argument for fiduciary accounting of a deceased estate in a scenario of a continuing trust? (5Marks). (c ). How would you describe a widow’s entitlement to an intestate’s estate as compared to the inheritance rights of the deceased children? (5Marks). (d). What are rights of grand children to an intestate’s estate if a parent predeceases the intestate? Explain your answer. (5Marks)....