Cohen Family Ordered to Surrender His Estate in 2 Weeks

  • Prime suspect in Tob Cohen's murder Sarah Cohen and her lawyer Philip Murgor in court on October 3, 2019.
    Prime suspect in Tob Cohen's murder Sarah Cohen and her lawyer Philip Murgor in court on October 3, 2019.
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  • The family of the late Dutch businessman, Tob Cohen, has been¬†ordered to surrender his estate in two weeks' time.

    The order was issued following an affidavit by his estranged wife, Sarah Wairimu Kamotho Cohen, who accused the family of plotting to lock her out of his wealth.

    According to the affidavit seen by Kenyans.co.ke, Bernard and Gabriel Cohen were asked to release his estate to Wairimu, who argued that she is the rightful owner.

    Wairimu contended that the family was allegedly appointed to be the executor and executrix and trustees but the Will did not name them as the beneficiaries of the estate.

    Tob Cohen's brother in-law Roy and sister Gabrielle Van Straten on September 13 when police retrieved his body in an underground tank.
    Tob Cohen's brother in-law Roy and sister Gabrielle Van Straten on September 13 when police retrieved his body in an underground tank.
    (COURTESY)

    Through her lawyers, Wairimu gave the Cohen family fifteen days to release the estate, which is estimated to be worth Ksh400 million, to her.

    "It further appears by the said Affidavit that the said deceased died leaving a surviving spouse, issue or parent and that the said Sarah Wairimu Kamotho Cohen is the lawful spouse of the deceased and one of the persons entitled to share in his undisposed of Estate," the court documents read in part.

    "Now this is to direct you that the said Bernard Cohen and Gabriele Hannah Van Stratten Cohen, within fifteen days after service hereof, on you do cause an appearance to be entered for you either in the Principal Registry and accept or refuse probate of the said will or show cause why letters of administration with the said will be annexed of all the Estate which by law devolves to and vests in the personal representative of the Deceased should not be granted to the said Sarah Wairimu Kamotho Cohen."

    Further, the Cohen family was cautioned that if it defaults to appear and accept and extract the probate of the Will, the court may proceed to grant letters of administration with the Will to Wairimu, even in the absence of Cohen's relatives.

    In December 2021, the High Court dealt a major blow to the late Dutchman's family after it temporarily stopped his relatives from accessing and distributing his estate.

    Justice Mugure Thande ordered the estate of the late Cohen to remain unchanged until two contested Wills are resolved. The Judge suspended the grant that had been issued to Bernard and Gabriel Cohen taking control of the late Dutchman's estate after an application by his wife Sarah Wairimu challenging the same was allowed.

    Sarah Wairimu appeared in court on October 3, 2019.
    Sarah Wairimu appeared in court on October 3, 2019.
    Capital Group

    The succession case of the late tycoon took a new twist after it emerged that there were two contradicting Wills. 

    Notably, Wairimu had accused Bernard of failing to present the original Will to the court as required under Rule 7(5) of the Probate and Administration Rules section 51(3) of the law of succession Act. She added that since the copy of the last Will of the deceased Bernard presented in court was not an authentic copy.

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