[2019] KEHC 7825 (KLR)
The court found that since the sole executor and beneficiary named in the deceased's will died two months after the testator, there was no surviving executor to administer the estate. The applicant, as one of the three surviving children of the deceased, is a suitable person to petition for the grant of probate with...
Source-derived case information.
- Citation
- [2019] KEHC 7825 (KLR)
- Parties
- Applicant: Kajal Sanjit Shantilal Shah; Respondent: Kasturben Natwarlal Shah (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 476 of 2018
- Procedural Posture
- Probate and Administration Cause / Ruling on Application for Grant of Probate
- Outcome
- Application allowed.
- Legal Topics
- Probate, Grant of Letters of Administration, Testate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kajal Sanjit Shantilal Shah
Applicant
Kasturben Natwarlal Shah (Deceased)
Respondent
Procedural Posture
Probate and Administration Cause / Ruling on Application for Grant of Probate
Legal Issues
- 1 Whether the applicant is entitled to be issued with a grant of letters of administration with will annexed for the estate of the deceased.
- 2 Whether the absence of a surviving executor necessitates the appointment of a new administrator.
- 3 Whether the consent of the other beneficiaries is required before confirmation of the grant.
Ratio Decidendi
The court found that since the sole executor and beneficiary named in the deceased's will died two months after the testator, there was no surviving executor to administer the estate. The applicant, as one of the three surviving children of the deceased, is a suitable person to petition for the grant of probate with will annexed. The court therefore allowed the application, subject to the requirement that the other two beneficiaries provide their consent before confirmation of the grant, in accordance with the Law of Succession Act.
Court Disposition
Application allowed.
Orders
- Kajal Sanjit Shantilal Shah is allowed to petition for grant of probate of the estate.
- The other two beneficiaries, Khilan Natwarlal Shah and Deepa Davies, must give their consent before confirmation of the grant of probate.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE AND ADMINISTRATION CAUSE NO. 476 OF 2018
IN THE MATTER OF THE ESTATE OF KASTURBEN NATWARLAL SHAH – DECEASED
RULING
1. The Application coming for consideration in this Ruling is the one dated 21. 3.2019 seeking for orders that KAJAL SANJIT SHANTICAL SHAH be issued with grant of letters of Administration with Will annexed of Estate of the late KASTURBEN NATWARLAL SHAH (hereafter referred to as the Deceased).
2. The deceased died testate on 28. 9.2017 leaving a Will dated 14. 11. 2009 in which she appointed her husband NATWARLAL LAKH AMSHI LALJI SHAH (DECEASED) as the sole Executor and beneficiary of the Will provided that he survives her for a period of 2 months.
3. The Sole Executor and beneficiary died on 28. 3.2018 which was two months after the death of the deceased herein on 28. 9.2017.
4. The Applicant is now seeking to be issued with the grant of probate in order to administer the property of the deceased. The Applicant is one of the three surviving children of the deceased.
5. I find that currently the estate of the deceased has no executor and I allow the Application dated 21. 3.2019 as it is meritorious and it is therefore allowed in the following terms.
(i) THAT KAJAL SANJIT SHANTILAL SHAH be and is hereby allowed to Petition for grant of Probate of the Estate.
(ii) THAT the other two beneficiaries namely KHILAN NATWARLAL SHAH and DEEPA DAVIES to give their Consent before confirmation of the said grant of probate.
(Iii) THAT the costs of the Application to be in the Succession Cause.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 3RD DAY OF MAY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI