Kenya Act or statute

Parliament of Kenya

Law of Succession Act

An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness. A written will is one where the testator has signed or affixed his mark to the will, or it has been…

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01

Purpose and legislative effect

“An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness.”

An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness. A written will is one where the testator has signed or affixed his mark to the will, or it has been signed by another person in the presence of and by the direction of the testator. If a testator refers in a will or codicil to another written document that clearly identifies itself as the document referred to, that document is treated as part of the will or codicil. A bequest to an attesting witness or to the witness's spouse is void unless the will is also attested by at least two additional competent and independent witnesses, in which case the bequest is valid. A person is not disqualified from being a witness just because they are an executor of a will.

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WILLS - 10. Proof of oral wills

An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness.

Section 10

MISCELLANEOUS - 98. Transitional

Proceedings commenced under any written law or part thereof repealed by this Act must, so far as practicable, be continued under this Act.

Section 98

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Showing 99 of 99 provisions

Provision 85Commencement 5Repeal 3Offence 3

Part II

WILLS

§ 10WILLS - 10. Proof of oral willsProvision

An oral will is invalid if witness evidence conflicts unless its contents are proved by a competent independent witness.

Section 10. Proof of oral wills Section If there is any conflict in evidence of witnesses as to what was said by the deceased in making an oral will, the oral will shall not be valid except so far as its contents are proved by a competent independent witness. [Act No. 13 of 1978 , Sch.]
Section 10Verify source
§ 11WILLS - 11. Written willsProvision

A written will is one where the testator has signed or affixed his mark to the will, or it has been signed by another person in the presence of and by the direction of the testator.

Section 11. Written wills Section the testator has signed or affixed his mark to the will, or it has been signed by some other person in the presence and by the direction of the testator;
Section 11Verify source
§ 12WILLS - 12. Incorporation of papers by referenceProvision

If a testator refers in a will or codicil to another written document that clearly identifies itself as the document referred to, that document is treated as part of the will or codicil.

Section 12. Incorporation of papers by reference Section If a testator, in a will or codicil, refers to another document then actually written, and expressing any part of his intentions, that document, where it is clearly identified as the document to which the will refers, shall be considered as forming part of the will or codicil in which it is referred to.
Section 12Verify source
§ 13WILLS - 13. Effect of gift to attesting witnessProvision

A bequest to an attesting witness or to the witness's spouse is void unless the will is also attested by at least two additional competent and independent witnesses, in which case the bequest is valid.

Section 13. Effect of gift to attesting witness Section 13(1) A will shall not be considered as insufficiently attested by reason of any benefit thereby given, either by way of bequest or by way of appointment to any person attesting it, or to his or her spouse. Section 13(2) A bequest to an attesting witness (including any direction as to payment of costs or charges) or a bequest to his or her spouse shall be void, unless the will is also attested by at least two additional competent and independent witnesses, in which case the bequest shall be valid. [Act No. 8 of 1976 , s. 4.]
Section 13Verify source
§ 14WILLS - 14. Witness not disqualified by being executorProvision

A person is not disqualified from being a witness just because they are an executor of a will.

Section 14. Witness not disqualified by being executor Section No person, by reason of his being an executor of a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.
Section 14Verify source
§ 15WILLS - 15. Existing willsCommencement

Wills executed before this Act began are to be treated as properly executed if they met the law's requirements at their date of execution.

Section 15. Existing wills Section Notwithstanding the provisions of this Part, any written will executed before the commencement of this Act shall, whether the testator dies before or after the commencement of this Act, be treated as properly executed if it was executed according to the requirements of the law in force at the date of execution.
Section 15Verify source
§ 16WILLS - 16. Formal validity of other willsProvision

Formal validity of other wills.

Section 16. Formal validity of other wills
Section 16Verify source
§ 17WILLS - 17. Will may be revoked or alteredProvision

The maker of a will may revoke or alter the will while competent to dispose of his free property by will.

Section 17. Will may be revoked or altered Section A will may be revoked or altered by the maker of it at any time when he is competent to dispose of his free property by will.
Section 17Verify source
§ 18WILLS - 18. Revocation of willProvision

A will or codicil can only be revoked by another will or codicil declaring an intention to revoke it, by the testator burning, tearing or otherwise destroying it with intent to revoke, or by a person acting at the testator's direction; and a written will is not revoked by an oral will.

Section 18. Revocation of will Section 18(1) Save as provided by section 19 , no will or codicil, or any part thereof, shall be revoked otherwise than by another will or codicil declaring an intention to revoke it, or by the burning, tearing or otherwise destroying of the will with the intention of revoking it by the testator, or by some other person at his direction. Section 18(2) A written will shall not be revoked by an oral will.
Section 18Verify source
§ 19WILLS - 19. Revocation of will by testator's marriageProvision

A will is revoked when its maker marries, except if the will was made in contemplation of marriage to a specified person, in which case that marriage does not revoke the will.

Section 19. Revocation of will by testator's marriage Section A will shall be revoked by the marriage of the maker; but where a will is expressed to be made in contemplation of marriage with a specified person, it shall not be revoked by the marriage so contemplated.
Section 19Verify source
§ 20WILLS - 20. Effect of obliteration, interlineation or alteration in willProvision

Alterations to a written will made after execution have no effect unless the alteration is signed and attested as required for a will under section 11, though a will altered with signatures or witness subscription in the margin or referred to in a signed memorandum may be deemed duly executed.

Section 20. Effect of obliteration, interlineation or alteration in will Section 20(1) No obliteration, interlineation or other alteration made in a written will after the execution thereof shall have any effect unless the alteration is signed and attested as a written will is required to be under section 11 : Provided that a will as so altered shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the will opposite or near to the alteration, or is referred to in a memorandum written at the end or some other part of the will and so signed and attested. Section 20(2) Where a typewritten or printed will purports to have been executed by the filling in of any blank spaces, there shall be a presumption that the will has been duly executed.
Section 20Verify source
§ 21WILLS - 21. Revival of willProvision

A wholly revoked will can only be revived by re-executing it; a partly revoked will can only be revived by re-execution or by a subsequent will or codicil that shows an intention to revive it.

Section 21. Revival of will Section 21(1) No will which has been in any manner wholly revoked shall be revived otherwise than by the re-execution thereof. Section 21(2) Where only part of a will has been revoked, that part shall not be revived otherwise than by the re-execution thereof or by a subsequent will or codicil showing an intention to revive it.
Section 21Verify source
§ 22WILLS - 22. Construction of willsProvision

Construction of wills

Section 22. Construction of wills
Section 22Verify source
§ 23WILLS - 23. Failure of testamentary dispositionsProvision

Section 23. Failure of testamentary dispositions

Section 23. Failure of testamentary dispositions
Section 23Verify source
§ 24WILLS - 24. ElectionProvision

Section 24. Election

Section 24. Election
Section 24Verify source
§ 25WILLS - 25.[Repealed by ActNo. 6 of 1984, Sch.]Repeal

Section 25 has been repealed.

Section 25.[Repealed by ActNo. 6 of 1984, Sch.]
Section 25Verify source
§ 5WILLS - 5. Persons capable of making wills and freedom of testationProvision

Persons of sound mind and not minors may dispose of their free property by will; females have equal capacity; makers of wills are presumed of sound mind unless incapacitated; burden of proof that a testator lacked sound mind lies on the person alleging it.

Section 5. Persons capable of making wills and freedom of testation Section 5(1) Subject to the provisions of this Part and Part III, every person who is of sound mind and not a minor may dispose of all or any of his free property by will, and may thereby make any disposition by reference to any secular or religious law that he chooses. Section 5(2) A female person, whether married or unmarried, has the same capacity to make a will as does a male person. Section 5(3) Any person making or purporting to make a will shall be deemed to be of sound mind for the purpose of this section unless he is, at the time of executing the will, in such a state of mind, whether arising from mental or physical illness, drunkenness, or from any other cause, as not to know what he is doing. Section 5(4) The burden of proof that a testator was, at the time he made any will, not of sound mind, shall be upon the person who so alleges. [Act No. 8 of 1976 , s. 3.]
§ 6WILLS - 6. Appointment by will of executorProvision

A person may, by will, appoint one or more executors.

Section 6. Appointment by will of executor Section A person may, by will, appoint an executor or executors.
§ 7WILLS - 7. Wills caused by fraud, coercion, importunity or mistakeProvision

Section 7 concerns wills that are caused by fraud, coercion, importunity, or mistake.

Section 7. Wills caused by fraud, coercion, importunity or mistake
§ 8WILLS - 8. Form of willsProvision

A will may be made either orally or in writing.

Section 8. Form of wills Section A will may be made either orally or in writing.
§ 9WILLS - 9. Oral willsProvision

An oral will is valid only if it is made before two or more competent witnesses and the testator dies within three months of making it.

Section 9. Oral wills Section 9(1)(a) it is made before two or more competent witnesses; and Section 9(1)(b) the testator dies within a period of three months from the date of making the will: Section 9(2) No oral will shall be valid if, and so far as, it is contrary to any written will which the testator has made, whether before or after the date of the oral will, and which has not been revoked as provided by sections 18 and 19 .

Part III

PROVISION FOR DEPENDANTS

§ 26PROVISION FOR DEPENDANTS - 26. Provision for dependants not adequately provided for by will or on intestacyCommencement

The court may order reasonable provision from a deceased's net estate for a dependant if, after the Act commenced and where succession is governed by the Act, an application is made and the court considers the will, gifts or intestacy do not make reasonable provision.

Section 26. Provision for dependants not adequately provided for by will or on intestacy Section Where a person dies after the commencement of this Act, and so far as succession to his property is governed by the provisions of this Act, then on the application by or on behalf of a dependant, the court may, if it is of the opinion that the disposition of the deceased's estate effected by his will, or by gift in contemplation of death, or the law relating to intestacy, or the combination of the will, gift and law, is not such as to make reasonable provision for that dependant, order that such reasonable provision as the court thinks fit shall be made for that dependant out of the deceased's net estate. [Act No. 8 of 1976 , s. 5.]
Section 26Verify source
§ 27PROVISION FOR DEPENDANTS - 27. Discretion of court in making orderProvision

The court has complete discretion to decide what provision to make for a dependant, including ordering a share of the estate, periodical payments, a lump sum, and imposing conditions.

Section 27. Discretion of court in making order Section In making provision for a dependant the court shall have complete discretion to order a specific share of the estate to be given to the dependant, or to make such other provision for him by way of periodical payments or a lump sum, and to impose such conditions, as it thinks fit.
Section 27Verify source
§ 28PROVISION FOR DEPENDANTS - 28. Circumstances to be taken into account by court in making orderProvision

The court must take into account the nature and amount of the deceased's property when making an order.

Section 28. Circumstances to be taken into account by court in making order Section the nature and amount of the deceased's property;
Section 28Verify source
§ 29PROVISION FOR DEPENDANTS - 29. Meaning of dependantProvision

A "dependant" is defined as the deceased's wife or wives, former wife or wives, and the children of the deceased, whether or not they were maintained by the deceased immediately prior to his death.

Section 29. Meaning of dependant Section the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death;
Section 29Verify source
§ 30PROVISION FOR DEPENDANTS - 30. Limitation of timeProvision

No application under this Part shall be brought after a grant of representation in respect of the estate to which the application refers has been confirmed as provided by section 71.

Section 30. Limitation of time Section No application under this Part shall be brought after a grant of representation in respect of the estate to which the application refers has been confirmed as provided by section 71 .
Section 30Verify source

Part IV

GIFTS IN CONTEMPLATION OF DEATH

§ 31GIFTS IN CONTEMPLATION OF DEATH - 31. CharacteristicsProvision

A gift-maker must be, at the time, contemplating the possibility of death.

Section 31. Characteristics Section the person making the gift is at the time contemplating the possibility of death, whether or not expecting death, as the result of a present illness or present or imminent danger; and
Section 31Verify source

Part V

INTESTACY

§ 32INTESTACY - 32. Excluded propertyProvision

Excluded property: agricultural land and crops thereon

Section 32. Excluded property Section agricultural land and crops thereon; or
Section 32Verify source
§ 33INTESTACY - 33. Law applicable to excluded propertyProvision

The law applicable to distribution on intestacy of property specified in section 32 is the law or custom of the deceased's community or tribe.

Section 33. Law applicable to excluded property Section The law applicable to the distribution on intestacy of the categories of property specified in section 32 shall be the law or custom applicable to the deceased's community or tribe, as the case may be. [Act No. 8 of 1976 , s. 6.]
Section 33Verify source
§ 34INTESTACY - 34. Meaning of intestacyProvision

A person is deemed to die intestate in respect of all free property of which they have not made a will capable of taking effect.

Section 34. Meaning of intestacy Section A person is deemed to die intestate in respect of all his free property of which he has not made a will which is capable of taking effect.
Section 34Verify source
§ 35INTESTACY - 35. Where intestate has left one surviving spouse and child or childrenProvision

If an intestate person leaves a surviving spouse and child or children, the surviving spouse is entitled to the personal and household effects and a life interest in the residue; the surviving spouse has a power to appoint capital to the children by immediate gift (not by will or to take effect in future); children may apply to court if that power is unreasonably exercised or withheld; on the spouse's death or (if a widow) re-marriage the residue devolves to the child or children, subject to sections 41 and 42 and any appointment.

Section 35. Where intestate has left one surviving spouse and child or children Section 35(1)(a) the personal and household effects of the deceased absolutely; and Section 35(1)(b) a life interest in the whole residue of the net intestate estate: Section 35(2) A surviving spouse shall, during the continuation of the life interest provided by subsection (1), have a power of appointment of all or any part of the capital of the net intestate estate by way of gift taking immediate effect among the surviving child or children, but that power shall not be exercised by will nor in such manner as to take effect at any future date. Section 35(3) Where any child considers that the power of appointment under subsection (2) has been unreasonably exercised or withheld, he or, if a minor, his representative may apply to the court for the appointment of his share, with or without variation of any appointment already made. Section 35(4)(a) the nature and amount of the deceased's property; Section 35(4)(b) any past, present or future capital or income from any source of the applicant and of the surviving spouse; Section 35(4)(c) the existing and future means and needs of the applicant and the surviving spouse; Section 35(4)(d) whether the deceased had made any advancement or other gift to the applicant during his lifetime or by will; Section 35(4)(e) the conduct of the applicant in relation to the deceased and to the surviving spouse; Section 35(4)(f) the situation and circumstances of any other person who has any vested or contingent interest in the net intestate estate of the deceased or as a beneficiary under his will (if any); and Section 35(4)(g) the general circumstances of the case including the surviving spouse's reasons for withholding or exercising the power in the manner in which he or she did, and any other application made under this section. Section 35(5) Subject to the provisions of sections 41 and 42 and subject to any appointment or award made under this section, the whole residue of the net intestate estate shall on the death, or, in the case of a widow, re-marriage, of the surviving spouse, devolve upon the surviving child, if there be only one, or be equally divided among the surviving children. [Act No. 8 of 1976 , s. 7, Act No. 16 of 1977 , Sch.]
Section 35Verify source
§ 36INTESTACY - 36. Where intestate has left one surviving spouse but no child or childrenProvision

If an intestate dies leaving one surviving spouse and no children, the spouse receives the deceased's personal and household effects absolutely; the first ten thousand shillings of the residue or twenty per cent thereof, whichever is greater; and a life interest in the remainder. The Cabinet Secretary may, by order in the Gazette, vary the amount specified for the monetary share in paragraph (b). On termination of that life interest, the property devolves in the order of priority set out in section 39.

Section 36. Where intestate has left one surviving spouse but no child or children Section 36(1)(a) the personal and household effects of the deceased absolutely; and Section 36(1)(b) the first ten thousand shillings out of the residue of the net intestate estate, or twenty per centum thereof, whichever is the greater; and Section 36(1)(c) a life interest in the whole of the remainder: Section 36(2) The Cabinet Secretary may, by order in the Gazette , vary the amount specified in paragraph (b) of subsection (1). Section 36(3) Upon the determination of a life interest created under subsection (1), the property subject to that interest shall devolve in the order of priority set out in section 39 . [Act No. 8 of 1976 , s. 8.]
Section 36Verify source
§ 37INTESTACY - 37. Powers of spouse during life interestProvision

A surviving spouse entitled to a life interest may, with required consents, sell property subject to the life interest if necessary for their maintenance; immovable property sales always need the court's consent.

Section 37. Powers of spouse during life interest Section A surviving spouse entitled to a life interest under the provisions of section 35 or 36 , with the consent of all co-trustees and all children of full age, or with the consent of the court, may, during the period of the life interest, sell any of the property subject to that interest if it is necessary for his own maintenance: Provided that, in the case of immovable property, the exercise of that power shall always be subject to the consent of the court. [Act No. 8 of 1976 , s. 9.]
Section 37Verify source
§ 38INTESTACY - 38. Where intestate has left a surviving child or children but no spouseProvision

If someone dies leaving children but no spouse, the deceased's net intestate estate goes to the surviving child if there is only one; otherwise it is equally divided among the surviving children, subject to sections 41 and 42.

Section 38. Where intestate has left a surviving child or children but no spouse Section Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions of sections 41 and 42 , devolve upon the surviving child, if there be only one, or shall be equally divided among the surviving children.
Section 38Verify source
§ 39INTESTACY - 39. Where intestate has left no surviving spouse or childrenProvision

If an intestate person left no spouse or children, estate devolves in the order: father; if dead, mother; if none, siblings (and their children) equally; if none, half-siblings (and their children) equally; if none, nearest relatives up to sixth degree equally; if no such relatives, the net intestate estate goes to the State and is paid into the Consolidated Fund.

Section 39. Where intestate has left no surviving spouse or children Section 39(1)(a) father; or if dead Section 39(1)(b) mother; or if dead Section 39(1)(c) brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none Section 39(1)(d) half-brothers and half-sisters and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none Section 39(1)(e) the relatives who are in the nearest degree of consanguinity up to and including the sixth degree, in equal shares. Section 39(2) Failing survival by any of the persons mentioned in paragraphs (a) to (e) of subsection (1), the net intestate estate shall devolve upon the State, and be paid into the Consolidated Fund.
Section 39Verify source
§ 40INTESTACY - 40. Where intestate was polygamousProvision

If a person who died intestate had multiple marriages under a polygamous system, their personal and household effects and the residue of the estate are first divided among the houses by number of children in each house, counting any surviving wife as an additional unit.

Section 40. Where intestate was polygamous Section 40(1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children. Section 40(2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38 .
Section 40Verify source
§ 41INTESTACY - 41. Property devolving upon child to be held in trustProvision

Property that devolves upon a child is to be held in trust and, if more than one child, in equal shares for children who attain age eighteen (or females who marry under that age) and for issue of any child who predeceases the intestate and who attain that age or so marry, with issue taking the deceased child’s share by degrees in equal shares.

Section 41. Property devolving upon child to be held in trust Section Where reference is made in this Act to the "net intestate estate", or the residue thereof, devolving upon a child or children, the property comprised therein shall be held in trust, in equal shares in the case of more than one child, for all or any of the children of the intestate who attain the age of eighteen years or who, being female, marry under that age, and for all or any of the issue of any child of the intestate who predecease him and who attain that age or so marry, in which case the issue shall take through degrees, in equal shares, the share which their parent would have taken had he not predeceased the intestate.
Section 41Verify source
§ 42INTESTACY - 42. Previous benefits to be brought into accountProvision

If an intestate paid, gave or settled property to or for the benefit of a child, grandchild or house during life or by will, those benefits are to be brought into account.

Section 42. Previous benefits to be brought into account Section an intestate has, during his lifetime or by will, paid, given or settled any property to or for the benefit of a child, grandchild or house; or
Section 42Verify source

Part VI

SURVIVORSHIP

§ 43SURVIVORSHIP - 43. Presumption of survivorshipProvision

If two or more persons die and it is uncertain who survived whom, their deaths are presumed to have occurred in order of seniority (the younger is deemed to have survived the elder); but if the persons are spouses in those circumstances, they are presumed to have died simultaneously.

Section 43. Presumption of survivorship Section Where two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, the deaths shall, for all purposes of this Act, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder: Provided that, in the case of spouses who died in those circumstances, the spouses shall be presumed to have died simultaneously.
Section 43Verify source

Part VII

ADMINISTRATION OF ESTATES

§ 44ADMINISTRATION OF ESTATES - 44. Application of PartProvision

Section allows the Cabinet Secretary, after consulting the Chief Justice and by order in the Gazette, to suspend specified sections in an area; when sections 48 and 49 are suspended the High Court may grant representation for deceased persons from that area regardless of whether the estate exceeds one hundred thousand shillings; "area" is defined.

Section 44. Application of Part Section 44(1) The provisions of this Part shall not, in cases of intestacy, apply to those types of property mentioned in section 32 . Section 44(2) The Cabinet Secretary may, after consultation with the Chief Justice, by order in the Gazette , suspend in any area referred to in the order all or any of the sections 45, 46, 48 or 49 . Section 44(3) Where the operation of sections 48 and 49 is suspended in any area, the High Court may make a grant of representation in respect of the estate of a deceased person whose last known place of residence was in that area, whether the value of the estate exceeds or does not exceed one hundred thousand shillings. Section 44(4) In this section "area" means a province, district or other part of Kenya. [Act No. 7 of 1975 , Sch.]
Section 44Verify source
§ 45ADMINISTRATION OF ESTATES - 45. No intermeddling with property of deceased personOffence

Persons must not take possession of, dispose of, or otherwise intermeddle with any free property of a deceased person except where expressly authorized; doing so is an offence punishable by a fine up to ten thousand shillings or imprisonment up to one year, and the intermeddler is answerable to the rightful executor or administrator for the assets intermeddled.

Section 45. No intermeddling with property of deceased person Section 45(1) Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act, no person shall, for any purpose, take possession or dispose of, or otherwise intermeddle with, any free property of a deceased person. Section 45(2)(a) be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding one year or to both such fine and imprisonment; and Section 45(2)(b) be answerable to the rightful executor or administrator, to the extent of the assets with which he has intermeddled after deducting any payments made in the due course of administration.
Section 45Verify source
§ 46ADMINISTRATION OF ESTATES - 46. Duties of officers in relation to protection, etc., of deceased's propertyProvision

Local police or administrative officers must promptly report deaths to local sub-chiefs or chiefs; local officers who become aware of free property or interested persons must promptly take prescribed steps and report to the Public Trustee.

Section 46. Duties of officers in relation to protection, etc., of deceased's property Section 46(1) Whenever it becomes known to any police officer or administrative officer that any person has died, he shall, unless aware that a report has already been made, forthwith report the fact of the death to the sub-chief of the sub-location or to the chief or administrative officer of the area where the deceased had his last known place of residence. Section 46(2)(a) at the request of any person who appears to have a legitimate interest in the estate of the deceased; or Section 46(2)(b) if no application for representation in respect of the estate has been made within one month after the date of the death of the deceased, Section 46(3) If any person to whom a report is made under subsection (1) finds that there is any free property of the deceased, or that the person appearing to have the greatest legitimate interest in succession to or administration of his estate are resident in any other sub-location or area, he shall forthwith report those facts to the sub-chief, chief or administrative officer of that other sub-location or area, who shall thereupon take, in respect of the property or persons, the steps are prescribed by subsection (2). Section 46(4) Any assistant chief, chief or administrative officer becoming aware that there is in his sub-location or area any free property of a deceased person, or that there are resident in his sub-location or area any persons appearing to have the greatest legitimate interest in succession to or administration of the estate of a deceased person, but that no grant of representation in respect of that estate has yet been made, shall, at the request of any person who appears to have any legitimate interest in that estate, and without waiting for a report under this section, forthwith take, in respect of the property or persons, the steps prescribed by subsection (2). Section 46(5)(a) shall forthwith report to the Public Trustee the death of the person concerned; and Section 46(5)(b) notify the Public Trustee of the steps taken by him pursuant to that subsection.
Section 46Verify source
§ 47ADMINISTRATION OF ESTATES - 47. Jurisdiction of High CourtProvision

The High Court has jurisdiction to hear applications and disputes under this Act and may be represented for this purpose by Resident Magistrates appointed by the Chief Justice.

Section 47. Jurisdiction of High Court Section The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient: Provided that the High Court may for the purpose of this section be represented by Resident Magistrates appointed by the Chief Justice. [Act No. 8 of 1976 , s. 10A, Act No. 16 of 1977 , Sch.]
Section 47Verify source
§ 48ADMINISTRATION OF ESTATES - 48. Jurisdiction of MagistratesProvision

Magistrates have jurisdiction over estate matters below the pecuniary limit set in section 7 of the Magistrates' Courts Act, subject to section 49; Kadhis' courts retain jurisdiction over Muslim inheritance matters.

Section 48. Jurisdiction of Magistrates Section 48(1) Notwithstanding any other written law which limits jurisdiction, but subject to the provisions of section 49 , a magistrate shall have jurisdiction to entertain any application and to determine any dispute under this Act and pronounce such decrees and make such orders therein as may be expedient in respect of any estate the gross value of which does not exceed the pecuniary limit prescribed under section 7 of the Magistrates' Courts Act ( Cap 10 ). Section 48(2) For the avoidance of doubt it is hereby declared that the Kadhis' courts shall continue to have and exercise jurisdiction in relation to the estate of a deceased Muslim for the determination of questions relating to inheritance in accordance with Muslim law and of any other question arising under this Act in relation to such estates. [Act No. 8 of 1976 , s. 10B, Act No. 21 of 1990 , Sch., Act No. 26 of 2015 , s. 23.]
Section 48Verify source
§ 49ADMINISTRATION OF ESTATES - 49. Territorial jurisdiction of MagistratesProvision

The magistrate may transfer administration of an estate to another Magistrate's court.

Section 49. Territorial jurisdiction of Magistrates Section the magistrate may, with the consent or by the direction of the High Court, transfer the administration of an estate to any other Magistrate's court where it appears that the greater part of the estate is situated within the area of that other magistrate or that there is other good reason for the transfer;
Section 49Verify source
§ 49AADMINISTRATION OF ESTATES - 49A. Power to clear CourtProvision

The Court may order non‑participants to be excluded from hearings about estate administration and may prohibit publication of those proceedings.

Section 49A. Power to clear Court Section 49A(1) In any proceedings for an application or dispute relating to the administration of a deceased person's estate, the Court hearing the application or dispute may on its own motion or upon an application by any of the parties, direct that any persons, not being members of the Court or parties to the case or their advocates, be excluded from the Court. Section 49A(2) The Court may prohibit the publication of the proceedings on the matter in respect of which a direction is given under subsection (1). [Act No. 18 of 2018 , Sch.]
Section 49AVerify source
§ 50ADMINISTRATION OF ESTATES - 50. Appeals to High CourtProvision

An appeal lies to the High Court from orders or decrees made by a Resident Magistrate and from orders or decrees made by a Kadhi's Court in respect of the estate of a deceased Muslim; the decision of the High Court is final, and appeals on points of Muslim law to the Court of Appeal require prior leave.

Section 50. Appeals to High Court Section 50(1) An appeal shall lie to the High Court in respect of any order or decree made by a Resident Magistrate in respect of any estate and the decision of the High Court thereon shall be final. Section 50(2) An appeal shall lie to the High Court in respect of any order or decree made by a Kadhi's Court in respect of the estate of a deceased Muslim and, with the prior leave thereof in respect of any point of Muslim law, to the Court of Appeal. [Act No. 8 of 1976 , s. 10D, Act No. 13 of 1978 , Sch., Act No. 21 of 1990 , Sch.]
Section 50Verify source
§ 50AADMINISTRATION OF ESTATES - 50A. Power to make rulesProvision

Power to make rules.

Section 50A. Power to make rules
Section 50AVerify source
§ 51ADMINISTRATION OF ESTATES - 51. Application for grantProvision

Sets the required contents and formalities for applications for a grant of representation and states that omissions do not prevent the court from entertaining the application.

Section 51. Application for grant Section 51(1) Every application for a grant of representation shall be made in such form as may be prescribed, signed by the applicant and witnessed in the prescribed manner. Section 51(2)(a) the full names of the deceased; Section 51(2)(b) the date and place of his death; Section 51(2)(c) his last known place of residence; Section 51(2)(d) the relationship (if any) of the applicant to the deceased; Section 51(2)(e) whether or not the deceased left a valid will; Section 51(2)(f) the present addresses of any executors appointed by any such valid will; Section 51(2)(g) in cases of total or partial intestacy, the names and addresses of all surviving spouses, children, parents, brothers and sisters of the deceased, and of the children of any child of his or hers then deceased; Section 51(2)(h) a full inventory of all the assets and liabilities of the deceased; and Section 51(2)(i) such other matters as may be prescribed. Section 51(3)(a) an authenticated copy thereof shall be so annexed; or Section 51(3)(a)(i) an authenticated copy thereof shall be so annexed; or Section 51(3)(a)(ii) the names and addresses of all persons alleged to be able to prove its contents shall be stated in the application; Section 51(3)(b) if it was oral, the names and addresses of all alleged witnesses shall be stated in the application. Section 51(4) No omission of any information from an application shall affect the power of the court to entertain the application.
Section 51Verify source
§ 52ADMINISTRATION OF ESTATES - 52. Wilful and reckless statements in application for grantProvision

Section 52. Wilful and reckless statements in application for grant

Section 52. Wilful and reckless statements in application for grant
Section 52Verify source
§ 53ADMINISTRATION OF ESTATES - 53. Forms of grantProvision

Grants probate of the will to one or more of the executors named therein.

Section 53. Forms of grant Section probate of the will to one or more of the executors named therein; or
Section 53Verify source
§ 54ADMINISTRATION OF ESTATES - 54. Limited grantsProvision

A court may limit any grant of representation, depending on the circumstances of each case, and in any form described in the Fifth Schedule to this Act.

Section 54. Limited grants Section A court may, according to the circumstances of each case, limit any grant of representation which it has jurisdiction to make, in any of the forms described in the Fifth Schedule to this Act.
Section 54Verify source
§ 55ADMINISTRATION OF ESTATES - 55. No distribution of capital before confirmation of grantProvision

A grant of representation does not confer power to distribute capital assets or to divide property until the grant has been confirmed as provided by section 71; however, that restriction does not apply to distribution or application of income arising from the estate and received after the date of death.

Section 55. No distribution of capital before confirmation of grant Section 55(1) No grant of representation, whether or not limited in its terms, shall confer power to distribute any capital assets constituting a net estate, or to make any division of property, unless and until the grant has been confirmed as provided by section 71 . Section 55(2) The restriction on distribution under subsection (1) does not apply to the distribution or application before the grant of representation is confirmed of any income arising from the estate and received after the date of death whether the income arises in respect of a period wholly or partly before or after the date of death. [Act No. 8 of 1976 , s. 11, Act No. 18 of 1986 , Sch.]
Section 55Verify source
§ 56ADMINISTRATION OF ESTATES - 56. No grant to certain personsProvision

No grant of probate or letters of administration to persons who are minors, of unsound mind, bankrupt, to more than four persons in respect of the same property, or to a body corporate except the Public Trustee or a trust corporation.

Section 56. No grant to certain persons Section 56(1)(a) to any person who is a minor, or of unsound mind, or bankrupt; or Section 56(1)(b) to more than four persons in respect of the same property. Section 56(2) No grant of letters of administration, with or without the will annexed, shall be made to a body corporate other than the Public Trustee or a trust corporation.
Section 56Verify source
§ 57ADMINISTRATION OF ESTATES - 57. Grant to body corporateProvision

No grant of representation shall be made to a syndic or nominee on behalf of a body corporate; however, where a body corporate applies for probate or (for a trust corporation) letters of administration, an officer authorized by the body corporate or its directors/governing body may sign the application and swear necessary affidavits.

Section 57. Grant to body corporate Section No grant of representation shall be made to a syndic or nominee on behalf of a body corporate: Provided that, where a body corporate applies for a grant of probate or (in the case of a trust corporation) letters of administration, the application may be signed, and any necessary affidavits may be sworn, by an officer authorized in that behalf by the body corporate or the directors or governing body thereof.
Section 57Verify source
§ 58ADMINISTRATION OF ESTATES - 58. Number of administrators where there is a continuing trustProvision

If a continuing trust arises from an intestate estate applied for by one person alone, the court must appoint the applicant plus between one and three additional persons as administrators (subject to section 66).

Section 58. Number of administrators where there is a continuing trust Section 58(1)(a) no grant of letters of administration in respect of an intestate estate shall be made to one person alone except where that person is the Public Trustee or a Trust Corporation. Section 58(1)(b) that person is the Public Trustee or a Trust Corporation; or Section 58(1)(b)(i) that person is the Public Trustee or a Trust Corporation; or Section 58(1)(b)(ii) in the will the testator has appointed one or more trustees for the continuing trust who are willing and able to act. Section 58(2) Where an application for a grant of letters of administration in respect of an intestate estate is made by one person alone and a continuing trust arises the court shall, subject to section 66 , appoint as administrators the applicant and not less than one or more than three persons as proposed by the applicant which failing as chosen by the court of its own motion. [Act No. 8 of 1976 , s. 12, Act No. 18 of 1986 , Sch.]
Section 58Verify source
§ 59ADMINISTRATION OF ESTATES - 59. Renunciation of executorshipProvision

An appointed executor may renounce executorship by oral declaration before the court or in writing; after renouncing they are finally precluded from applying for probate of that will.

Section 59. Renunciation of executorship Section Any person who has been appointed by a will as an executor thereof may, either by oral declaration before the court or by writing under his hand, renounce executorship, and shall thereafter be finally precluded from applying for grant of probate of that will.
Section 59Verify source
§ 60ADMINISTRATION OF ESTATES - 60. Probate where there are several executorsProvision

If several executors are appointed, probate may be granted to all of them at once or to some of them at different times.

Section 60. Probate where there are several executors Section When several executors are appointed, probate may be granted to them all simultaneously, or at different times.
Section 60Verify source
§ 61ADMINISTRATION OF ESTATES - 61. Discovery of codicil after grant of probateRepeal

If a codicil is found after probate, the executor may be granted a separate probate for that codicil provided it does not repeal the appointment of executors in the will.

Section 61. Discovery of codicil after grant of probate Section 61(1) If a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will. Section 61(2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together.
Section 61Verify source
§ 62ADMINISTRATION OF ESTATES - 62. No grant of administration until citation issued to executorProvision

When one or more of several executors have proved a will, the court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved.

Section 62. No grant of administration until citation issued to executor Section when one or more of several executors have proved a will, the court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved; and
Section 62Verify source
§ 63ADMINISTRATION OF ESTATES - 63. Grant of administration to universal or residuary legateeProvision

Grant of administration to universal or residuary legatee

Section 63. Grant of administration to universal or residuary legatee Section he has not appointed an executor; or
Section 63Verify source
§ 64ADMINISTRATION OF ESTATES - 64. Right to administration of representative of deceased residuary legateeProvision

If a residuary legatee who survived the testator later dies before the estate is fully administered, that legatee's representative is entitled to administer the estate with the will annexed in the same way as the residuary legatee would have been.

Section 64. Right to administration of representative of deceased residuary legatee Section When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative shall have the same right to administration with the will annexed as the residuary legatee.
Section 64Verify source
§ 65ADMINISTRATION OF ESTATES - 65. Grant of administration where no executor nor residuary legatee nor representative of legateeProvision

If there is no executor and no residuary legatee or representative (or they decline, are incapable, or cannot be found), persons entitled on intestacy, the Public Trustee, any legatee with a beneficial interest, or a creditor may apply to prove the will and be granted letters of administration.

Section 65. Grant of administration where no executor nor residuary legatee nor representative of legatee Section When there is no executor, and no residuary legatee or representative of the residuary legatee, or if every such person declines or is incapable of acting, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or the Public Trustee, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly. [Act No. 8 of 1976 , s. 13.]
Section 65Verify source
§ 66ADMINISTRATION OF ESTATES - 66. Preference to be given to certain persons to administer where deceased died intestateProvision

When a person dies intestate, preference must be given to certain persons to administer the estate.

Section 66. Preference to be given to certain persons to administer where deceased died intestate
Section 66Verify source
§ 67ADMINISTRATION OF ESTATES - 67. Notice of application for grantProvision

Before any grant of representation (other than a limited grant for collection and preservation of assets) is made, notice of the application must be published inviting objections for a specified period of not less than thirty days from the date of publication, and that specified period must have expired; such a notice must be exhibited conspicuously in the court-house and published in such other manner as the court directs.

Section 67. Notice of application for grant Section 67(1) No grant of representation, other than a limited grant for collection and preservation of assets, shall be made until there has been published notice of the application for such grant, inviting objections thereto to be made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired. Section 67(2) A notice under subsection(1) shall be exhibited conspicuously in the court-house, and also published in such other manner as the court directs.
Section 67Verify source
§ 68ADMINISTRATION OF ESTATES - 68. Objections to applicationProvision

If a notice of objection is lodged, the court must notify the objector to file an answer and a cross-application within a specified period.

Section 68. Objections to application Section 68(1) Notice of any objection to an application for a grant of representation shall be lodged with the court, in such form as may be prescribed, within the period specified by such notice as aforesaid, or such longer period as the court may allow. Section 68(2) Where notice of objection has been lodged under subsection (1), the court shall give notice to the objector to file an answer to the application and a cross-application within a specified period.
Section 68Verify source
§ 69ADMINISTRATION OF ESTATES - 69. Procedure after notice and objectionsProvision

If an answer and cross-application are filed under section 68(2), the court must proceed to determine the dispute; if no answer or cross-application is filed as required, a grant may be made according to the original application.

Section 69. Procedure after notice and objections Section 69(1) Where a notice of objection has been lodged under subsection (1) of section 68 , but no answer or no cross-application has been filed as required under subsection (2) of that section, a grant may be made in accordance with the original application. Section 69(2) Where an answer and a cross-application have been filed under subsection (2) of section 68 , the court shall proceed to determine the dispute. [L.N. 256/1976, Sch., Act No.16 of 1977 , Sch.]
Section 69Verify source
§ 70ADMINISTRATION OF ESTATES - 70. Powers of courtsProvision

Section title: "Powers of courts".

Section 70. Powers of courts
Section 70Verify source
§ 71ADMINISTRATION OF ESTATES - 71. Confirmation of grantsProvision

After six months (or a shorter period the court directs), the holder of a grant must apply to the court for confirmation so the estate's capital assets can be distributed; the court may confirm, issue another confirmed grant, order delivery of assets, or postpone confirmation, and where a continuing trust arises with one surviving administrator the court shall appoint between one and three joint administrators.

Section 71. Confirmation of grants Section 71(1) After the expiration of a period of six months, or such shorter period as the court may direct under subsection (3), from the date of any grant of representation, the holder thereof shall apply to the court for confirmation of the grant in order to empower the distribution of any capital assets. Section 71(2)(a) if it is satisfied that the grant was rightly made to the applicant, and that he is administering, and will administer, the estate according to law, confirm the grant; or Section 71(2)(b) if it is not so satisfied, issue to some other person or persons, in accordance with the provisions of sections 56 to 66 inclusive, a confirmed grant of letters of administration in respect of the estate, or so much thereof as may be unadministered; or Section 71(2)(c) order the applicant to deliver or transfer to the holder of a confirmed grant from any other court all assets of the estate then in his hands or under his control; or Section 71(2)(d) postpone confirmation of the grant for such period or periods, pending issue of further citations or otherwise, as may seem necessary in all the circumstances of the case: Section 71(2A) Where a continuing trust arises and there is only one surviving administrator, if the court confirms the grant, it shall, subject to section 66 , appoint as administrators jointly with the surviving administrator not less than one or more than three persons as proposed by the surviving administrator which failing as chosen by the court of its own motion. Section 71(3)(a) that there is no dependant, as defined by section 29 , of the deceased or that the only dependants are of full age and consent to the application; Section 71(3)(b) that it would be expedient in all the circumstances of the case so to direct. Section 71(4)(a) there is no dependant, as defined by section 29 , of the deceased other than the petitioner; Section 71(4)(b) no estate duty is payable in respect of the estate; and Section 71(4)(c) it is just and equitable in all circumstances of the case,
Section 71Verify source
§ 72ADMINISTRATION OF ESTATES - 72. Grants not to be confirmed in certain circumstancesProvision

If the section is satisfied that no Part III application is pending, certain grants are not to be confirmed.

Section 72. Grants not to be confirmed in certain circumstances Section is satisfied that no application under Part III of this Act is pending; and
Section 72Verify source
§ 73ADMINISTRATION OF ESTATES - 73. Duty of court to give notice to holder of grant to apply for confirmationProvision

The court must give notice to the holder of a grant to apply for confirmation.

Section 73. Duty of court to give notice to holder of grant to apply for confirmation
Section 73Verify source
§ 74ADMINISTRATION OF ESTATES - 74. Errors may be rectified by courtAmendment

The court may rectify errors in names, descriptions, time and place of death, or purpose in a limited grant; and may alter or amend a grant of representation before or after confirmation.

Section 74. Errors may be rectified by court Section Errors in names and descriptions, or in setting out the time and place of the deceased's death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.
Section 74Verify source
§ 75ADMINISTRATION OF ESTATES - 75. Procedure where codicil discovered after grantAmendment

If a codicil is discovered after grant or confirmation, it may be added to the grant on due proof and identification, and the grant may be altered accordingly.

Section 75. Procedure where codicil discovered after grant Section If, after the grant of letters of administration with the will annexed or after confirmation thereof, a codicil be discovered, it may be added to the grant on due proof and identification, and the grant altered and amended accordingly.
Section 75Verify source
§ 75AADMINISTRATION OF ESTATES - 75A. Continuing trust arisingProvision

When after confirmation of letters of administration there is a continuing trust and only one surviving administrator, that administrator must without delay apply to the court to have between one and three persons appointed jointly with him; if he fails to apply within three months the court may appoint additional administrators on application or of its own motion.

Section 75A. Continuing trust arising Section 75A(1) If, after confirmation of the grant of letters of administration at any time there is a continuing trust and only one surviving administrator, that administrator shall without delay apply to the court to appoint, subject to section 66 , as administrators jointly with him not less than one or more than three persons as proposed by him, which failing as chosen by the court of its own motion. Section 75A(2) If a sole surviving administrator fails to apply to the court in accordance with subsection (1) within three months of there being a continuing trust and only one surviving administrator, on the application of any interested party in, or a creditor or debtor of the estate or of its own motion, the court may appoint additional administrators in accordance with subsection (1). [Act No. 18 of 1986 , Sch.]
Section 75AVerify source
§ 76ADMINISTRATION OF ESTATES - 76. Revocation or annulment of grantProvision

Section 76 — Revocation or annulment of grant

Section 76. Revocation or annulment of grant
Section 76Verify source
§ 77ADMINISTRATION OF ESTATES - 77. Sealing of Commonwealth and foreign grantsCommencement

Foreign or Commonwealth grants of probate or administration, when produced and a copy deposited and sealed by the High Court, have the same force and effect in Kenya as if granted by the High Court.

Section 77. Sealing of Commonwealth and foreign grants Section 77(1) Where a court or other authority, having jurisdiction in matters of probate or administration in any Commonwealth country or in any other foreign country designated by the Attorney-General by notice in the Gazette , has, either before or after the commencement of this Act, granted probate or letters of administration, or an equivalent thereof in respect of the estate of a deceased person, such grant may, on being produced to, and a copy thereof deposited with the High Court, be sealed with the seal of that court, and thereupon shall be of like force and effect, and have the same operation in Kenya, as if granted and confirmed by that court. Section 77(2)(a) shall satisfy itself as to the payment of estate duty as provided by section 72 ; Section 77(2)(b) may require such evidence if any as it thinks fit concerning the domicile of the deceased person; Section 77(2)(c) may, on the application of any creditor of the estate, require that adequate security be given for the payment of debts due from the estate to creditors residing in Kenya.
Section 77Verify source
§ 78ADMINISTRATION OF ESTATES - 78. Duplicate or copy of foreign grant to have same effect as originalProvision

A duplicate or copy of a foreign grant has the same effect as the original.

Section 78. Duplicate or copy of foreign grant to have same effect as original
Section 78Verify source
§ 79ADMINISTRATION OF ESTATES - 79. Property of deceased to vest in personal representativeProvision

An executor or administrator granted representation shall be the personal representative of the deceased, and the deceased's property vests in that personal representative, subject to any limitation in the grant.

Section 79. Property of deceased to vest in personal representative Section The executor or administrator to whom representation has been granted shall be the personal representative of the deceased for all purposes of that grant, and, subject to any limitation imposed by the grant, all the property of the deceased shall vest in him as personal representative. [Act No. 8 of 1976 , s. 15.]
Section 79Verify source
§ 80ADMINISTRATION OF ESTATES - 80. When grant takes effectProvision

A grant of probate establishes the will from the date of death and validates intermediate acts of the appointed executor(s); a grant of letters of administration takes effect only from the date of that grant.

Section 80. When grant takes effect Section 80(1) A grant of probate shall establish the will as from the date of death, and shall render valid all intermediate acts of the executor or executors to whom the grant is made consistent with his or their duties as such. Section 80(2) A grant of letters of administration, with or without the will annexed, shall take effect only as from the date of such grant.
Section 80Verify source
§ 81ADMINISTRATION OF ESTATES - 81. Powers and duties of personal representatives to vest in survivor on death of one of themProvision

When one or more executors or administrators die, their powers and duties vest in the surviving executors or administrator; but a sole surviving administrator who is not a trust corporation has no power concerning a continuing trust until the court grants joint representation.

Section 81. Powers and duties of personal representatives to vest in survivor on death of one of them Section Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivors or survivor of them: Provided that, where there has been a grant of letters of administration which involve any continuing trust, a sole surviving administrator who is not a trust corporation shall have no power to do any act or thing in respect of such trust until the court has made a further grant to one or more persons jointly with him.
Section 81Verify source
§ 82ADMINISTRATION OF ESTATES - 82. Powers of personal representativesProvision

Personal representatives have the power to enforce, by suit or otherwise, causes of action that survive the deceased or arise from the deceased's death.

Section 82. Powers of personal representatives Section to enforce, by suit or otherwise, all causes of action which, by virtue of any law, survive the deceased or arising out of his death for his personal representative;
Section 82Verify source
§ 83ADMINISTRATION OF ESTATES - 83. Duties of personal representativesProvision

Personal representatives must provide and pay, out of the deceased's estate, the expenses of a reasonable funeral for him.

Section 83. Duties of personal representatives Section to provide and pay, out of the estate of the deceased, the expenses of a reasonable funeral for him;
Section 83Verify source
§ 84ADMINISTRATION OF ESTATES - 84. Personal representatives to act as trustees in certain casesProvision

When an estate's administration involves continuing trusts, the personal representatives must act as the trustees unless a will appoints other trustees.

Section 84. Personal representatives to act as trustees in certain cases Section Where the administration of the estate of a deceased person involves any continuing trusts, whether by way of life interest or for minor beneficiaries or otherwise, the personal representatives shall, unless other trustees have been appointed by a will for the purpose of the trust, be the trustees thereof: Provided that, where valid polygamous marriages of the deceased person have resulted in the creation of more than one house, the court may at the time of confirmation of the grant, appoint separate trustees of the property passing to each or any of those houses as provided by section 40 .
Section 84Verify source
§ 85ADMINISTRATION OF ESTATES - 85. Assent necessary to complete legatee's titleProvision

The executor must assent to complete a legatee's title to a specific legacy; assent may be verbal and, when the executor is also a legatee, his assent is required to complete his own title. Assent takes effect from the testator's death.

Section 85. Assent necessary to complete legatee's title Section 85(1) The assent of the executor shall be necessary to complete the title of the legatee to a specific legacy. Section 85(2) Such assent may be verbal, and either express or implied from the conduct of the executor, and shall be sufficient to divest his interest as executor therein, and (subject to any registration required by any other written law) to transfer the subject of the bequest to the legatee. Section 85(3) When the executor is a legatee, his assent to his own specific legacy shall be necessary to complete his title thereto as legatee. Section 85(4) The assent of the executor to a specific legacy shall give effect thereto from the death of the testator.
Section 85Verify source
§ 86ADMINISTRATION OF ESTATES - 86. Debts to be paid before legaciesProvision

Debts enforceable at law and owed by or out of an estate are to be paid before any legacy.

Section 86. Debts to be paid before legacies Section Debts of every description enforceable at law and owed by or out of an estate shall be paid before any legacy.
Section 86Verify source
§ 87ADMINISTRATION OF ESTATES - 87. Personal representatives not bound to pay legacies without indemnityProvision

If an estate has contingent liabilities, a personal representative is not required to pay any legacy unless given a sufficient indemnity to meet those liabilities.

Section 87. Personal representatives not bound to pay legacies without indemnity Section If an estate is subject to any contingent liabilities, a personal representative shall not be bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.
Section 87Verify source
§ 88ADMINISTRATION OF ESTATES - 88. Abatement and refunding of legaciesProvision

Legacies must abate and be refunded in accordance with the Sixth Schedule.

Section 88. Abatement and refunding of legacies Section Legacies shall abate and be refunded according to the provisions of the Sixth Schedule.
Section 88Verify source
§ 89ADMINISTRATION OF ESTATES - 89.[Repealed by ActNo. 19 of 2015, s. 24.]Repeal

Section 89 was repealed by Act No. 19 of 2015, s. 24.

Section 89.[Repealed by ActNo. 19 of 2015, s. 24.]
Section 89Verify source
§ 90ADMINISTRATION OF ESTATES - 90. Investment of funds to provide for legacies and interest on legaciesProvision

Personal representatives must invest funds to provide for legacies according to the Seventh Schedule; legacies shall carry interest under those provisions.

Section 90. Investment of funds to provide for legacies and interest on legacies Section Personal representatives shall invest funds to provide for legacies in the manner and according to the provisions set out in the Seventh Schedule to this Act; and legacies shall carry interest in accordance with those provisions.
Section 90Verify source
§ 91ADMINISTRATION OF ESTATES - 91. Transfer of assets from Kenya to personal representatives in country of domicil for distributionProvision

If a non‑Kenyan domiciled person dies leaving assets in both Kenya and their domicil country, the personal representatives in Kenya may transfer the surplus or residue of the deceased's property to the personal representatives in the country of domicil for distribution, with the other representatives' consent and after required notices and the expiration of the claim period.

Section 91. Transfer of assets from Kenya to personal representatives in country of domicil for distribution Section Where a person not having his domicil in Kenya has died leaving assets both in Kenya and in the country in which he had his domicil at the time of his death, and there has been a grant of representation in Kenya with respect to the assets there, and a grant of representation in the country of domicil with respect to the assets in that country, the personal representatives in Kenya, after having given such notices as are required by paragraph 5 of the Sixth Schedule and after having discharged, at the expiration of the time therein named, such lawful claims as have come to their notice, may, instead of themselves distributing any surplus or residue of the deceased's property to persons residing out of Kenya who are entitled thereto, transfer, with the consent of the personal representatives in the country of domicil, the surplus or residue to those personal representatives for distribution to those persons.
Section 91Verify source
§ 92ADMINISTRATION OF ESTATES - 92. Protection of persons acting on respresentationProvision

Persons who make or allow payments or dispositions in good faith under a grant of representation are protected and indemnified; payments made in good faith before a grant is revoked or varied discharge the payer; personal representatives who acted under a revoked or varied grant may retain and reimburse themselves but must later account for such transactions.

Section 92. Protection of persons acting on respresentation Section 92(1) Every person making or permitting to be made any payment or disposition in good faith under a grant of representation shall be indemnified and protected in so doing, notwithstanding any defects or circumstances whatsoever affecting the validity of the grant. Section 92(2) Where a grant of representation is revoked or varied, payments and dispositions made in good faith to a personal representative under that grant before the revocation or variation thereof shall be a valid discharge to the person making the same, and a personal representative who has acted under the revoked or varied grant may retain and reimburse himself in respect of any other person to whom representation is afterwards granted might have properly made: Provided that a personal representative who so acted shall account for all payments, dispositions, retentions or reimbursements made by him to the person or person to whom representation is afterwards granted.
Section 92Verify source
§ 93ADMINISTRATION OF ESTATES - 93. Validity of transfer not affected by revocation of representationCommencement

Transfers of interests in property to a purchaser by a person granted representation remain valid even if the grant of representation is later revoked or varied; a transfer of immovable property by a personal representative to a purchaser is not invalidated merely because the purchaser knew the deceased’s debts or expenses were unpaid.

Section 93. Validity of transfer not affected by revocation of representation Section 93(1) All transfers of any interest in immovable or movable property made to a purchaser either before or after the commencement of this Act, by a person to whom representation has been granted shall be valid, notwithstanding any subsequent revocation or variation of the grant either before or after the commencement of this Act. Section 93(2) A transfer of immovable property by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all the debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have not been discharged nor provided for.
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§ 94ADMINISTRATION OF ESTATES - 94. Neglect or misapplication of assets by personal representativesOffence

A personal representative who neglects, misapplies, or causes loss to estate assets must make good the resulting loss or damage.

Section 94. Neglect or misapplication of assets by personal representatives Section When a personal representative neglects to get in any asset forming part of the estate in respect of which re-presentation has been granted to him, or misapplies any such asset, or subjects it to loss or damage, he shall, whether or not also guilty of an offence on that account, be liable to make good any loss or damage so occasioned.
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§ 95ADMINISTRATION OF ESTATES - 95. Offences by personal representativesOffence

Section 95 creates offences for personal representatives who wilfully or recklessly mismanage estate assets, fail to produce required inventories or accounts, produce false inventories, or continue administration of an insolvent estate; and requires a sole surviving administrator in a continuing trust to apply to the court within three months for further administrators, with a penalty of a fine not exceeding five thousand shillings.

Section 95. Offences by personal representatives Section 95(1)(a) wilfully or recklessly neglects to get in any asset forming part of the estate, misapplies any such asset, or subjects any such asset to loss or damage; or Section 95(1)(b) wilfully fails to produce to the court any such inventory or account as is required by the provisions of paragraphs (e) and (g) of section 83 ; or Section 95(1)(c) wilfully or recklessly produces any such inventory or account which is false in any material particular; or Section 95(1)(d) knowing or having reason to believe that the estate will prove to be insolvent, continues to administer it without petitioning for administration thereof in bankruptcy, Section 95(2) Any personal representative who, as regards the estate in respect of which representation has been granted to him if at any time there is a continuing trust and he is the sole surviving administrator, wilfully fails to apply to the court within three months in accordance with section 75A for the appointment of further administrators shall be guilty of an offence and shall be liable to a fine not exceeding five thousand shillings. [Act No. 18 of 1986 , Sch.]
Section 95Verify source

Part VIII

MISCELLANEOUS

§ 100MISCELLANEOUS - 100. AmendmentsAmendment

The Acts listed in the first column of the Ninth Schedule are amended as specified in the second and third columns of that Schedule.

Section 100. Amendments Section The Acts set out in the first column of the Ninth Schedule are amended, in relation to the provisions thereof specified in the second column of that Schedule, in the manner specified in relation thereto in the third column of that Schedule.
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§ 101MISCELLANEOUS - 101. SavingProvision

Saves the Trustee Act (Cap. 167).

Section 101. Saving Section the Trustee Act ( Cap. 167 );
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§ 96MISCELLANEOUS - 96. Sane murderer not to share in victim's estateProvision

A sane person who murders another person must not receive any share of the murdered person's estate; beneficiaries are ascertained as if the murderer had died immediately before the victim.

Section 96. Sane murderer not to share in victim's estate Section 96(1) Notwithstanding any other provision of this Act, a person who, while sane, murders another person shall not be entitled directly or indirectly to any share in the estate of the murdered person, and the persons beneficially entitled to shares in the estate of the murdered person shall be ascertained as though the murderer had died immediately before the murdered person. Section 96(2) For the purpose of this section the conviction of a person in criminal proceedings of the crime of murder shall be sufficient evidence of the fact that the person so convicted committed the murder. [L.N. 256/1976, Sch.]
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§ 97MISCELLANEOUS - 97. RulesProvision

Courts must follow the procedure when determining applications under section 26 or subsection (3) of section 35.

Section 97. Rules Section the procedure to be followed by a court in determining applications under section 26 or subsection (3) of section 35 ;
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§ 98MISCELLANEOUS - 98. TransitionalCommencement

Proceedings commenced under any written law or part thereof repealed by this Act must, so far as practicable, be continued under this Act.

Section 98. Transitional Section All proceedings commenced under any written law or part thereof repealed by this Act shall, so far as practicable, be continued under this Act.
Section 98Verify source

Legislative relationships

2 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

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2 instruments

  • High Court The High Court has jurisdiction to hear applications and disputes under this Act

    Section 47
  • Magistrates' Courts Act

    Section 48

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  • 31 Dec 2022 · currentEnglish

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