[2022] KEHC 14404 (KLR)
The court exercised its discretion under section 71(3) of the Law of Succession Act to confirm the grant of probate before the statutory six-month period had lapsed. The decision was based on the absence of any objections, the consent of all adult beneficiaries, and the applicant's advanced age and urgent need to...
Source-derived case information.
- Citation
- [2022] KEHC 14404 (KLR)
- Parties
- Applicant: Urmilaben Raojibhai Patel; Respondent: Harshna Patel; Respondent: Preena Patel
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 45 of 2022
- Procedural Posture
- Succession Cause / Ruling on Application for Early Confirmation of Grant of Probate
- Outcome
- Application for early confirmation of grant allowed; grant confirmed.
- Judges
- JN Onyiego
- Legal Topics
- Probate of Will, Confirmation of Grant, Expedited Confirmation, Testate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Urmilaben Raojibhai Patel
Applicant
Harshna Patel
Respondent
Preena Patel
Respondent
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 six months as provided under section 71(3) of the Law of Succession Act.
- 2 Whether the applicant meets the statutory conditions for early confirmation of grant.
Ratio Decidendi
The court exercised its discretion under section 71(3) of the Law of Succession Act to confirm the grant of probate before the statutory six-month period had lapsed. The decision was based on the absence of any objections, the consent of all adult beneficiaries, and the applicant's advanced age and urgent need to travel abroad for medical treatment. The court found it expedient and just in the circumstances to allow the application and ordered that the estate be distributed in accordance with the written will dated September 20, 1974.
Court Disposition
Application for early confirmation of grant allowed; grant confirmed.
Orders
- The grant of probate of written will is hereby confirmed before expiry of six months.
- The estate shall be distributed in accordance with the written will dated September 20, 1974.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Rojibhani Gordhanbhai Vaghji Patel alias Raojibhai Gordhanbhai Vaghibhai Patel alias Raojihbhai G Patel ( Deceased ) (Succession Cause 45 of 2022) [2022] KEHC 14404 (KLR) (30 September 2022) (Ruling)
Neutral citation: [2022] KEHC 14404 (KLR)
Republic of Kenya
In the High Court at Voi
Succession Cause 45 of 2022
JN Onyiego, J
September 30, 2022
IN THE MATTER OF THE ESTATE OF ROJIBHANI GORDHANBHAI VAGHJI PATEL Alias RAOJIBHAI GORDHANBHAI VAGHIBHAI PATEL Alias RAOJIHBHAI G PTEL ( DECESED )
Ruling
1. The deceased herein died testate on November 21, 2021 while domiciled in London UK. He was survived by a widow one Urmilaben Raojibhai Patel and two daughters namely; Ms Harshna Patel and Ms Preena Patel .
2. Prior to his death, the deceased had executed a written will dated September 20, 1974. In the said will he appointed his wife as the sole executrix and beneficiary of his estate.
3. Consequently, the executrix applied for a grant of probate of written will on May 31, 2022. Subsequently, a grant of probate of written will was issued on September 20, 2022 and confirmation fixed for February 19, 2023.
4. However, the petitioner filed a chamber summons application under certificate of urgency dated September 23, 2022 pursuant to section 71 (3) of the Law of Succession Act seeking confirmation of the grant the expiry of six months notwithstanding .
5. The application is anchored on grounds stated on the face of it and an affidavit in support sworn by the petitioner /applicant.
6. Basically, the applicant’s application is based on the ground that she is the sole executrix and beneficiary. That there is no objection from anybody nor dependant and that the dependants have consented and confirmed that she is elderly and sick hence headed for UK for treatment.
7. I have considered the application herein, the affidavit in support and oral submission by counsel for the applicant.
8. The application before me is anchored under section 71 (3) of the Law of Succession Act which gives this court discretion to confirm a grant before the expiry of six months subject to fulfilment of certain conditions inter alia; that there is no dependant as defined by section 29 of the Act; that the only dependants are of full age and consented to the application and, that it would be expedient in all circumstances of the case so to direct.
9. In the circumstances of this case, there is no objection from any dependant. The executrix is elderly and due to proceed for treatment abroad. Since there is no objection in place and the only other dependants are the children who are in agreement, it is expedient that the application be allowed.
10. Accordingly, the grant is hereby confirmed and the estate be distributed in accordance with the written will dated November 20, 1974.
Dated singed and delivered at Mombasa this 30thday of September, 2022. ...................J. N. ONYIEGOJUDGESUCC 45 OF 2022 Page 2 of 2