[2020] KEHC 8778 (KLR)
The court found that the reason advanced by the applicant for early confirmation of the grant—namely, the need to file tax returns in India—was not viable. The court held that the grant of probate already empowered the executor to take necessary steps to preserve the estate, including compliance with tax...
Source-derived case information.
- Citation
- [2020] KEHC 8778 (KLR)
- Parties
- Applicant: Bhanendra Kumar Bagda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 718 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Early Confirmation of Grant of Probate
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Probate, Confirmation of Grant, Testate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bhanendra Kumar Bagda
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Early Confirmation of Grant of Probate
Legal Issues
- 1 Whether the court should confirm the grant of probate before the expiry of 6 months as provided under section 71(3) of the Law of Succession Act.
Ratio Decidendi
The court found that the reason advanced by the applicant for early confirmation of the grant—namely, the need to file tax returns in India—was not viable. The court held that the grant of probate already empowered the executor to take necessary steps to preserve the estate, including compliance with tax obligations, pending confirmation. Therefore, the statutory requirement of a 6-month waiting period for confirmation was not displaced by the applicant's argument, and the application was declined.
Court Disposition
application declined
Orders
- The application for early confirmation of the grant of probate is declined.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 718 OF 2019
IN THE MATTER OF THE ESTATE AMITA BAGDA (DECEASED)
BHANENDRA KUMAR BAGDA……………………………..APPLICANT
R U L I N G
1. The deceased herein Amita Bagda died testate on the 31st of March, 2019.
2. The Executor of his Will Bhanendra Kumar Bagda obtained grant of probate of the written will on the 4th of September, 2019.
3. Before court is an application by the Executor pursuant to section 71(3)of the Law of Succession Actand Rule 40(1)of Probateand Administration Rules seeking to have the grant of probate issued confirmed before the expiry of 6 months for the reasons that the Executor needs to file income tax return of 2018-2019 in India as late submissions will attract heavy penalties and interest.
4. Section 71 of the Law of Succession Act has permitted the confirmation of a grant before the expiry of 6 months if the court is satisfied that it would be expedient in all circumstances of the case so to do.
5. In my considered view, the reason given by the Applicant for early confirmation is not viable after all the grant of probate issued ought to allow her to undertake all actions necessary to preserve the estate pending confirmation. The lawyer’s letter referred to dated 22nd August 2019 in support of the application required, presence of a grant and the same was issued on 4th of September, 2019.
6. For the above reasons the application is declined.
Dated and Delivered in Nairobi on this 16TH day of January, 2020
.......................
ALI-ARONI
JUDGE