Widow triumphs over mother-in-law in court battle for family estate

A mother’s appeal to administer her late son’s estate has been dismissed by the High Court in Busia, upholding a lower court ruling.

Wilmina Odima Wanyama had obtained letters of administration in Port Victoria, claiming her late son Sebi Alacha Wanyama’s estate, including property at Samia/Bukhulungu-Odiado/756.

The deceased’s widow, Ruth Atieno Alacha Odote, challenged the grant on 18 October 2024, arguing that her consent — along with that of the children — had not been sought.

She also alleged that Wilmina had been receiving rent from tenants without authority and that a prior lawsuit by Wilmina over the property had been dismissed.

The lower court revoked Wilmina’s grant on 31 July 2025, ruling that it had not been regularly obtained.

The judgment noted that under Section 66 of the Law of Succession Act, Cap 160, a widow has priority in administering her late husband’s estate, followed by children, and then the mother.

The court further cited procedural requirements under Rule 26 of the Probate and Administration Rules, stating that Wilmina, as someone with lesser entitlement, should have obtained the consent of the widow or filed an affidavit explaining why consent could not be obtained. No such affidavit was filed.

Wilmina’s claim that the estate property had been held in trust for her and her other children was also dismissed.

The court referenced her earlier lawsuit, Busia MC ELC No. E013 of 2022, which was rejected because the property was registered in the name of the deceased husband.

High Court Judge William Musyoka found no merit in Wilmina’s appeal and directed that the succession cause be closed.

Administration of the estate will continue through the widow under Busia MCSC No. E113 of 2024.