Jackie defended herself saying her brother had made her a signatory to his bank account and handed her the keys to his safe deposit box and gave her instructions on how to handle family and business-related issues.
Justice Lydia Achode ruled that the video recording was invalid and that the written will be used to share his wealth.
"On the deceased’s capacity to make an oral will, it was submitted that there was reasonable and justifiable apprehension that at the time of making the audio-visual recording his mental health had deteriorated. Counsel asserted that as reflected in the transcript of the audiovisual recording, the deceased could not recall his properties with any degree of specificity and could not recall and/or give details on some of the bequests. The case of Estate of Murimi Kennedy Njogu (deceased) [2016] EKLR was cited where the court established the threshold necessary to determine testamentary incapacity."
According to the law, an oral will only stand if there is no written will and the person dies within 3 months of recording the oral will.
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