[2014] KEHC 3856 (KLR)

[2014] KEHC 3856 (KLR)

The court found that the applicant, Jaskamal Singh Chadha, had established that the previous administrator, Harbans Kaur Chadha, died before completing the administration of the estate. The applicant, being a trustee under the will, was entitled to be appointed as administrator de bonis non with the written will annexed to regularize and complete the administration of the estate in accordance with the will. The court was satisfied that the requirements of the Law of Succession Act had been met and allowed the petition as prayed.

Citation
[2014] KEHC 3856 (KLR)
Parties
Applicant: Jaskamal Singh Chadha; Respondent: Harbans Kaur Chadha
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
11 July 2014
Case Number
Succession Cause 77 of 2012
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration De Bonis Non
Outcome
Petition allowed; grant of letters of administration de bonis non with written will annexed issued to applicant.
Judges
JK Sergon
Legal Topics
Succession, Grant of Letters of Administration, De Bonis Non Administration
Source Language
English
Family and Children Succession Grant of Letters of Administration De Bonis Non Administration

Case Brief

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Parties

Jaskamal Singh Chadha

Applicant

Harbans Kaur Chadha

Respondent

Procedural Posture

Succession Cause / Ruling on Petition for Grant of Letters of Administration De Bonis Non

Legal Issues

  1. 1 Whether the applicant is entitled to a grant of letters of administration de bonis non with the written will annexed for the unadministered estate.
  2. 2 Whether the death of the previous administrator necessitates the appointment of a new administrator to complete administration of the estate.

Ratio Decidendi

The court found that the applicant, Jaskamal Singh Chadha, had established that the previous administrator, Harbans Kaur Chadha, died before completing the administration of the estate. The applicant, being a trustee under the will, was entitled to be appointed as administrator de bonis non with the written will annexed to regularize and complete the administration of the estate in accordance with the will. The court was satisfied that the requirements of the Law of Succession Act had been met and allowed the petition as prayed.

Court Disposition

Petition allowed; grant of letters of administration de bonis non with written will annexed issued to applicant.

Orders

  • Grant of letters of administration de bonis non with written will annexed of the estate of Charan Singh Chadha, deceased, limited to the remaining unadministered estate, is issued to Jaskamal Singh Chadha.