In the Estate of Samson Mwakanema (Probate Cause 377 of 2018) [2018] MWHC 753 (3 July 2018)

In the Estate of Samson Mwakanema (Deceased) Kenyatta Nyirenda, J. JUDICIARY IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY PROBATE CAUSE NO. 377 OF 2018 IN THE ESTATE OF SAMSON MWAKANEMA (DECEASED) Kenyatta Nyirenda, J. ORDER There is before this Court an application by Winley Msukwa and Peter Mwakanema (Applicants) for a grant of Letters of Administration in respect of the estate of the late Samson Mwakanema (Deceased) who died on 4th December 2017. Letters of administration are granted as prayed for. That said, it is important that the District Commissioner for Karonga must ensure that the estate of Samson Mwakanema is distributed in accordance with the provisions on intestacy in section 17 of the Deceased Estate (Wills, Inheritance and Protection) Act. The Court is obliged to issue the said direction because one of the documents in support of the application, that is, a letter by Karonga District Council Reference No. KADC/1/15/5 dated 1 oth May 2018 [hereinafter referred to as "List of beneficiaries"] proposes that the Estate should be distributed as follows: Relationshi12 Name Son Peter Mwakanema Son Mavuto Mwakanema Son Austine Mwakanema Son Owen Mwakanema Christopher Mwakanema Son Nellie Mwakanema Suten Mwakanema Victor Mwakanema Joyce Mwakanema Winley Msukwa Daughter Son Son Daughter Son Age Adult Adult Adult Adult Adult Adult Adult Adult Adult Adult O/o 8 8 8 8 18 In the Estate of Samson Mwakanema (Deceased) Kenyatta Nyirenda, J. All the beneficiaries are adults. No reasons have been given why Peter Mwakanema and Winley Msukwa are to get more than the other beneficiaries. In this regard, the proposed distribution of the Estate runs afoul of section 1 7 of the Act. Section 1 7 of the Act provides, among other matters, that in the absence of special circumstances, the surviving spouse(s) and child (ren) are entitled to equal shares. When it comes to children of the intestate, the age of each child has to be taken into account with the younger child being entitled to a greater share of the property than the older child unless the interests of the children require otherwise: see In the Matter of the Estate of Charles Enos Chinkwende (Deceased), HC/PR Probate Cause No. 3757 of 2016 (unreported). Of course, such a consideration can only be taken into account where the respective ages of the beneficiaries are known. Unfortunately, that is not the case in the present matter. I direct the Administrator to take note of the cited authority and act accordingly. It is of cardinal importance that the Estate should be administered (including its distribution) in terms of the Act. As a matter of fact, this requirement applies with equal force to the administration of any estate falling within the ambit of the Act. Pronounced in Chambers this 3rct day of July 2018 at Blantyre in the Republic of Malawi. Kenyatta Nyirenda JUDGE 2