Law of succession /
This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the magistrate and judge and the law student. Some...
Clasificación: | Libro Electrónico |
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Autor principal: | |
Formato: | Electrónico eBook |
Idioma: | Inglés |
Publicado: |
Nairobi :
LawAfrica,
[2006]
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Temas: | |
Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Title page; Copyright page; Contents; TABLE OF STATUTES; LIST OF ABBREVIATIONS AND LAW REPORTS; TABLE OF CASES; PART ONE -INTRODUCTION; CHAPTER ONE -INTRODUCTION; 1.1 INTRODUCTION; 1.2 BACKGROUND; 1.3 THE RELATIONSHIP BETWEEN SUCCESSION LAW ANDOTHER AREAS OF LAW; 1.4 TESTATE AND INTESTATE SUCCESSION; CHAPTER TWO -HISTORY OF THE LAW OF SUCCESSION IN KENYA; 2.1 INTRODUCTION; 2.2 THE LAW APPLYING TO AFRICANS; 2.3 THE LAW APPLYING TO MUSLIMS; 2.4 THE LAW APPLYING TO HINDUS; 2.5 THE LAW APPLYING TO EUROPEANS; CHAPTER THREE
- THE LAW OF SUCCESSION APPLYING IN KENYA AFTER1981.
- 3.1 introduction3.2 the law of succession act; 3.3 african customary law; 3.4 african customary law and the law of successionact; 3.5 islamic law; 3.6 islamic law and the law of succession act; 3.7 the statutes repealed by section 99 of the lawof succession act; 3.8 the trustee act, the trusts of land act, the public trustee act and the armed forces act; 3.9 law of the domicile of the deceased owner ofmovable property; part two -testate succession; chapter four -the nature and function of wills; 4.1 introduction; 4.2 nature and function of wills; 4.3 characteristics of a will.
- 4.4 the advantages of making a will4.5 property passing upon death other than by will; 4.6 conditional and joint wills; chapter five -the creation of a valid will; 5.1 introduction; 5.2 capacity; 5.3 knowledge and approval; 5.4 married women; 5.5 form; 5.6 the doctrine of incorporation by reference; 5.7 validity of wills outside the scope of the lawof succession act; 5.8 privileged wills; chapter six -revocation, alteration and revival of wills; 6.1 introduction; 6.2 revocation; 6.3 express revocation; 6.4 implied revocation; 6.5 revocation by destruction.
- 6.6 presumption concerning revocation bydestruction6.7 doctrine of conditional revocation; 6.8 revocation by marriage; 6.9 revocation by divorce; 6.10 revocation of written will by oral will; 6.11 alteration of wills and codicils; 6.12 revival of wills; chapter seven -gifts by will and their failure; 7.1 introduction; 7.2 types of gifts; 7.3 doctrine of election; 7.4 presumption of satisfaction; 7.5 doctrine of ademption; 7.6 doctrine of lapse; 7.7 commorientes or survivorship; 7.8 mistake, fraud and undue influence; 7.9 uncertainty.
- 7.10 beneficiary or spouse of beneficiary witnessingthe will7.11 forfeiture; 7.12 disclaimer; 7.13 perpetuity; 7.14 private purpose trusts; chapter eight -construction of wills; 8.1 introduction; 8.2 the court construes wills, it does not remakethem; 8.3 words are construed in their ordinary naturalsense; 8.4 the will must be read as a whole; 8.5 the will must speak for itself; 8.6 ascertaining the subject matter of gifts; 8.7 ascertaining the beneficiaries; 8.8 the class closing rules; part three -intestacy; chapter nine -intestate succession; 9.1 introduction.