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Tom, aged 59, had lived with and looked after his elderly mother Beatrice and father Charles for many years. The family house was co-owned by

Tom, aged 59, had lived with and looked after his elderly mother Beatrice and father Charles for many years. The family house was co-owned by Beatrice and Charles as joint tenants. In 2005, Tom met Amina, who had moved from Somalia to Kenya as a refugee. After a whirlwind romance Tom and Amina married and Amina moved in with the family. In 2007, Amina gave birth to a son whom the couple named George. In 2008, Maria, Amina's 10-year-old daughter from a previous marriage, moved to Kenya to live in the family home with her mother and step father. Tom was very accommodating of Maria and treated her as if she was his own daughter and talked about adoption. Unfortunately, in 2009 Charles passed away and his share of the family home passed to Beatrice. Shortly afterwards, with his mother's full agreement and co-operation, Tom arranged for Wakili Advocates to prepare a deed. The effect of the deed was to transfer a share of the house to Tom to hold on a joint tenancy basis. Unfortunately, Tom passed away in 2011. Tom had an old will which had been drafted before he met Amina. The will bequeathed Tom's vintage record collection, classic Jaguar cat and all his residuary estate to his cousin, Milton. Beatrice's relationship with Amina had always been tense. She had been suspicious of Amina and her intentions, and believed that Tom had married beneath his station. Beatrice wanted Amina to leave the family home, but was unable to achieve this. Amina made no contributions to the family home other than regular cooking and cleaning whilst residing there.Beatrice died in March 2021, heartbroken and intestate. Beatrice's sister, Martha, has obtained a grant of administration over the estate of Beatrice and is now claiming the house. She has given Amina notice to vacate the house. It has been discovered during the court proceedings that Tom and Amina had in fact not been legally married but had been living together for two years, and that Amina had during that time fallen out with Tom and returned to Somalia for 3 months for a trial separation. Amina is very concerned that she and her children are being evicted yet they have no income to rely on. She has come to you for legal advice. Advise Amina on her right to claim for herself and her children.

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