[2015] KEHC 2920 (KLR)

[2015] KEHC 2920 (KLR)

The court found that the grant of letters of administration was obtained without the consent of the objector, a son of the deceased, in contravention of Rule 26 of the Probate and Administration Rules. The omission of the objector's name and the apparent alteration of forms to exclude him as co-administrator constituted material non-disclosure under section 51(2) of the Law of Succession Act. The purported will annexed by the petitioner was found not to meet the statutory requirements for a valid will, and thus the deceased was deemed to have died intestate. The proceedings to obtain the grant were therefore defective in substance and involved concealment of material facts, justifying...

Citation
[2015] KEHC 2920 (KLR)
Parties
Petitioner: E T R; Objector: J K R
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
28 July 2015
Case Number
Probate & Administration 40 of 2011
Procedural Posture
Probate and Administration Cause / Ruling on Objection to Grant of Letters of Administration
Outcome
objection allowed; grant revoked; fresh grant to be applied for by up to four beneficiaries including petitioner and objector
Judges
K Kimondo
Legal Topics
Succession, Grant Revocation, Consent of Beneficiaries, Intestacy, Probate Procedure
Source Language
English
Family and Children Succession Grant Revocation Consent of Beneficiaries Intestacy Probate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

E T R

Petitioner

J K R

Objector

Procedural Posture

Probate and Administration Cause / Ruling on Objection to Grant of Letters of Administration

Legal Issues

  1. 1 Whether the grant of letters of administration was obtained without the consent of all beneficiaries entitled in equal degree.
  2. 2 Whether there was concealment of material facts in the petition for grant of letters of administration.
  3. 3 Whether the deceased died testate or intestate.

Ratio Decidendi

The court found that the grant of letters of administration was obtained without the consent of the objector, a son of the deceased, in contravention of Rule 26 of the Probate and Administration Rules. The omission of the objector's name and the apparent alteration of forms to exclude him as co-administrator constituted material non-disclosure under section 51(2) of the Law of Succession Act. The purported will annexed by the petitioner was found not to meet the statutory requirements for a valid will, and thus the deceased was deemed to have died intestate. The proceedings to obtain the grant were therefore defective in substance and involved concealment of material facts, justifying...

Court Disposition

objection allowed; grant revoked; fresh grant to be applied for by up to four beneficiaries including petitioner and objector

Orders

  • The grant of letters of administration issued to the petitioner on 28th March 2012 is revoked.
  • A fresh grant shall be applied for by not more than four beneficiaries including the petitioner and objector.