Question 1

Mr Garang Guni was frugal all his life and saved enough to purchase a few properties and raise his 11 children. Among them, he bought a $4 million house at Bartley that was held in the names of two of his children, Dua and Lima, as joint tenants.

(a) Explain who the rightful owners of this Bartley property are, and whether the other nine children can have a share in the property after Mr Garung passed away.

(b) A month after the funeral, Mr Garung’s lawyer turns up to explain that the Bartley property is actually held in trust and there was a properly executed trust deed to prove it. That means that Mr Garung is the rightful owner of the property and therefore when he passes on, the property is a part of his estate.

Explain and cite the relevant statutes, to his eleven children what will be their entitlement to this estate, assuming their mother is still alive.

(c) However, the lawyer is surprised to find out that Satu, the eldest son passed away one week after Mr Garung, leaving behind 3 children (i.e. grandchildren of Mr Garung). Apply the relevant rules and statutes and discuss whether the grandchildren will be entitled to a share in the estate.

(d) As it turns out, Mr Garung who is a careful planner, had executed a Will. According to his will, the Bartley property is to be given to 6 of his children, Satu, Dua, Tiga, Empat, Enam and Tujuh, to be shared equally. Lima is obviously very angry at the turn of events. Outline the possible ways in which he can try to challenge the validity of the Will.

(e) The junior paralegal who is assigned to this file is confused between grant of probate and letters of administration. List and discuss the differences between them.