On May 31, the High Court in Nakuru made a landmark ruling that spouses are no longer entitled to automatically manage their partner's wealth after their death.
The ruling, delivered by Justice Teresia Matheka, sets a precedence on the management of matrimonial property, stating that a spouse must prove beyond doubt why they deserve to take control of the property and not other dependants.
According to the ruling, the court will grant letters of wealth administration to primary dependents who prove to be more qualified than the rest.
Justice Matheka emphasized that being a spouse alone does not guarantee access to wealth and management of the matrimonial estate.
“Spouses felt more entitled by the law, culture, and hierarchy to take over the control of the properties after the death of their partners. They, however, have to prove before court that they are the most qualified to manage the properties of their [partners],” ruled Justice Matheka.
The ruling stemmed from a case filed by a widow of a late politician seeking to be made the sole administrator of the multimillion estate left behind at the expense of other dependents listed in the will.
Justice Matheka quashed her petition, setting a precedence for future rulings on the management of the matrimonial property.
