[2024] KEHC 128 (KLR)

[2024] KEHC 128 (KLR)

The court found that although the executor had not obtained the consent of the beneficiaries to the will as required, the summons for confirmation of grant could be allowed on condition that the executor files a consent form signed by the beneficiaries and a clear schedule extracted from the will indicating and...

Source-derived case information.

Citation
[2024] KEHC 128 (KLR)
Parties
Applicant: Esilene Kabon Tallam
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Succession Cause 151B of 2012
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
conditional confirmation of grant allowed
Judges
SM Mohochi
Legal Topics
Probate and Administration, Confirmation of Grant, Executor Duties
Source Language
en
Family and Children Probate and Administration Confirmation of Grant Executor Duties

Source-derived case record

Summary, issues, holding and outcome

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Parties

Esilene Kabon Tallam

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the executor complied with the court's directive to file a summons for confirmation of grant with a written will.
  2. 2 Whether the consent of beneficiaries to the will was properly obtained.
  3. 3 Whether the court should allow the summons for confirmation of grant despite the lack of beneficiary consent.

Ratio Decidendi

The court found that although the executor had not obtained the consent of the beneficiaries to the will as required, the summons for confirmation of grant could be allowed on condition that the executor files a consent form signed by the beneficiaries and a clear schedule extracted from the will indicating and properly describing the asset and the beneficiary bequeathed. The certificate of confirmed grant would only be issued upon compliance with these conditions. The court exercised its discretion to permit rectification of procedural shortcomings in the interest of justice and proper administration of the estate.

Court Disposition

conditional confirmation of grant allowed

Orders

  • The executor shall file a consent form signed by the beneficiaries.
  • The executor shall file a clear schedule extracted from the will indicating and properly describing the asset (Land reference number) and the beneficiary bequeathed.