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Upon the resolution of his grandfather's estate issue, Dion recognised the necessity of organising his own affairs. He contacts you at Topnotch Advocates, where you
Upon the resolution of his grandfather's estate issue, Dion recognised the necessity of organising his own affairs. He contacts you at Topnotch Advocates, where you hold a partnership, to notify you of his urgent need to meet with you in order to draft a will. You notify him that you will be out for a period, but he can provide instructions to your assistant, who will review them and respond to him. He provides the following directions to your aide. "I am married to three women." I married my first wife Merrine according to Ancestral customary law, my second wife Beaty via the African Christian Marriage and Divorce Act in church, and I have a third wife named Flower. I have never given any dowry for Flower because she loves me and it is unnecessary. I have three grown children from my first wife, two daughters and one son named Doyo. I have five kids from Beaty's previous marriage and a 12-year-old son named Paulo with her. With Flower, we have a 17-year-old son named Young. Before I was married in Canada, I had a child who I have never seen, but he periodically writes to me. A mature man is self-sufficient and looks after himself. I provide care for both my father and stepmother, and I help cover expenses for my two nieces. Merrine, my initial spouse, resides in our family's land in the northeastern region of Kenya. I own 10 acres of inherited land in North Eastern Kenya where I cultivate trees for harvesting and selling. I own a commercial site in North Horr where my wife Merrine operates a shop. I also maintain a herd of 400 cattle on the premises. I own 4 acres of land in Kwale, have a residence in Embakasi financed by a mortgage with Equity Bank, and hold a 50% stake in Findways and Co, where I serve as the CEO. I own residential properties in Embakasi where the monthly rent is sent straight into a bank account. I possess a second house in Karen under my name and Merrines', where I reside with my second wife, Beaty. Flower resides in my secondary residence in Kitisuru, which she acknowledges as hers, but is legally under my ownership. I am a member of Maendelewo Coop Society and I have designated Beaty as the exclusive beneficiary. I am a participant in a retirement benefit fund. I have 4 million deposited in a fixed account at Tajiri Bank Ltd. I require a will to support all my close relatives except Merrine, her children, and my son Blessed. Merrine has influenced her children to turn against my prior wives and does not have affection for them. Regardless, her children are thriving and will persist in providing her with the same level of support they always had. I will not support Blessed as he has declined to return home despite our conversations. I do not wish to support my parents financially since my other brothers are capable of doing so. I will not provide for the children from Beaty's prior marriage as they will marry anyhow. When creating the will, distribute the property in the following manner: I bequeath nothing to my first wife Merrine and her children. I leave the Embakasi house and all the ancestral land, save for the house where Merrine resides, to my second wife Beaty. The trees and animals on the ancestral land are to be inherited by my third wife, Flower. Additionally, she is entitled to receive 1 million from my fixed deposit account and the house in Kitisuru. I will the house in Karen to my son Paulo. Paulo should also be given shares in the enterprise. My assets include land in Kwale, residential houses in Embakasi, and the remaining funds in the bank designated for the education of any of my children still in school upon my death. I want my lawyer Mr. Loya who has been a wonderful friend, to take Ksh 500000 from my estate. The remaining funds will be used for the children's education. My liabilities include a 1 million outstanding mortgage and Kshs 600000 payable from a personal loan from my friend Kroko, who has already sent me a notice of intention to start a lawsuit. I am currently involved in a civil matter where I have been defending myself, but it appears that I will ultimately have to make a payment. I do not require an executor. I will bring my wives, Flower and Beaty, as witnesses to the will. Upon returning to Topnotch Advocates office, you follow the instructions by drafting a will and summoning Dion for a meeting. Later, Dion visits your office in your absence with his son Paulo, who observes the will along with Merrine. He promised to send his friend Wambali to confirm, but he never showed up. Question Beaty and Flower return to your office to enquire about the status of the case. You inform them that you visited the Court and discovered that Deligent and Co had previously submitted the documents without specifying their or their children's names. They direct you to act promptly. An explanation is required for the delay in taking prompt action. They also require knowledge of the materials you intended to submit. An explanation and action are required
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