Section 16 of Law of Succession Act CAP 160: Formal validity of other wills
Notwithstanding the provisions of this Part, every will, whether of movable or immovable property, and whether executed before or after the commencement of this Act, shall be treated as properly executed if its execution conformed, either at the time of execution or at the time of the testator’s death, to the law in force—
(a) in the state where it was executed; or
(b) in the state where the property is situated; or
(c) in the state where, at the time of its execution or the testator’s death, he was domiciled; or
(d) in a state of which the testator was a national either at the time of its execution or on his death.
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- Section 17 - Will may be revoked or altered
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 18 - Revocation of will
(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...
- Section 19 - Revocation of will by testator’s marriage
A will shall be revoked by the marriage of the maker; but where a will expressed to be made in contemplation of marriage with a specified person, it shall not be revoked by the marriage so...
- Section 20 - Effect of obliteration, interlineation or alteration in will
(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...
- Section 21 - Revival of will
(1) No will which has been in any manner wholly revoked shall be revived otherwise than by the re-execution thereof.
(2) Where only part of a will has been revoked that part shall not be revived...
- Section 22 - Construction of wills
Wills shall be construed in accordance with the provisions of the First Schedule to this Act.
- Section 23 - Failure of testamentary dispositions
Testamentary gifts and dispositions shall fail by way of lapse or ademption in the circumstances and manner and to the extent provided by the Second Schedule.
- Section 24 - Election
Beneficiaries under testamentary gifts or dispositions shall be put to election in the circumstances and manner and to the extent provided by the Third Schedule.
- Section 26 - Provisions for dependants not adequately provided for by will or on intestacy
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...
- Section 27 - Discretion of court in making order
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...
- Section 28 - Circumstances to be taken into account by court in making order
In considering whether any order should be made under this Part, and if so what order, the court shall have regard to—
(a) the nature and amount of the deceased’s property;
(b) any past, present...
- Section 29 - Meaning of dependant
For the purposes of this Part, “dependant” means—
(a) 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...
- Section 30 - Limitation of time
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 31 - Characteristics
A gift made in contemplation of death shall be valid, notwithstanding that there has been no complete transfer of legal title, if—
(a) the person making the gift is at the time contemplating the...
- Section 32 - Excluded property
The provisions of this Part shall not apply to— (a) agricultural land and crops thereon; or
(b) livestock, in various Districts set out in the Schedule:
West Pokot Wajir Samburu Lamu...
- Section 33 - Law applicable to excluded property
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...
- Section 34 - Meaning of intestacy
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 35 - Where intestate has left one surviving spouse and child or children
(1) Subject to the provisions of section 40, where an intestate has left one surviving spouse and a child or children, the surviving spouse shall be entitled to— (a) the personal and household...
- Section 36 - Where intestate has left one surviving spouse but no child or children
(1) Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the net intestate estate to—
(a) the personal and household effects of...
- Section 37 - Powers of spouse during life interest
A surviving spouse entitled to a life interest under the provisions of section 35 or 36 of this Act, with the consent of all co-trustees and all children of full age, or with the consent of the court...
- Section 38 - Where intestate has left a surviving child or children but no spouse
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...
- Section 39 - Where intestate has left no surviving spouse or children
(1) Where an intestate has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the intestate in the following order of priority—
(a) father; or if dead...
- Section 40 - Where intestate was polygamous
(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...
- Section 41 - Property devolving upon child to be held in trust
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...
- Section 42 - Previous benefits to be brought into account
Where—
(a) 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
(b) property has been appointed or...
- Section 43 - Presumption of survivorship
Where two 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...
- Section 44 - Application of Part
(1) The provisions of this Part shall not, in cases of intestacy, apply to those types of property mentioned in section 32.
(2) The Minister may, after consultation with the Chief Justice, by order...
- Section 45 - No intermeddling with property of deceased person
(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...
- Section 46 - Duties of officers in relation to protection, etc., of deceased’s property
(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...
- Section 47 - Jurisdiction of High Court
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...
- Section 48 - Jurisdiction of magistrates
(1) Notwithstanding any other written law which limits jurisdiction, but subject to the provisions of section 49 of this Act, a Resident Magistrate shall have jurisdiction to entertain any application...
- Section 49 - Territorial jurisdiction of magistrates
The Resident Magistrate within whose area a deceased person had his last known place of residence shall, if the gross value of the estate of the deceased does not exceed one hundred thousand...
- Section 50 - Appeals to High Court
(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.
(2) An...
- Section 50A - Power to make rules
The Chief Justice may in consultation with the Chief Kadhi, make rules of court for the better carrying into effect in relation to the estates deceased Muslims of the provisions of sections 47, 48, 49...
- Section 51 - Application for grant
(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.
(2) Every application shall...
- Section 52 - Wilful and reckless statements in application for grant
Any person who, in an application for representation, wilfully or recklessly makes a statement which is false in any material particular shall be guilty of an offence and liable to a fine not...
- Section 53 - Forms of grant
A court may—
(a) where a deceased person is proved (whether by production of a will or an authenticated copy thereof or by oral evidence of its contents) to have left a valid will, grant, in respect...
- Section 54 - Limited grants
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 55 - No distribution of capital before confirmation of grant
(1) No grant of representation, whether or not limited in its terms, shall confer power to distribute any capital assets, or to make any division of property, unless and until the grant has been...
- Section 56 - No grant to certain persons
(1) No grant of representation shall be made—
(a) to any person who is a minor, or of unsound mind, or bankrupt; or (b) to more than four persons in respect of the same property.
(2) No grant...
- Section 57 - Grant to body corporate
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...
- Section 58 - Number of administrators where there is a continuing trust
(1) Where a continuing trust arises—
(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...
- Section 59 - Renunciation of executorship
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...
- Section 60 - Probate where there are several executors
When several executors are appointed, probate may be granted to them all simultaneously, or at different times.
- Section 61 - Discovery of codicil after grant of probate
(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 62 - No grant of administration until citation issued to executor
When a person who has been appointed by a will is an executor thereof has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been...
- Section 63 - Grant of administration to universal or residuary legatee
When a deceased has made a will, but—
(a) he has not appointed an executor; or
(b) the only executors appointed are legally incapable of acting, or have renounced their executorship, or have died...
- Section 64 - Right to administration of representative of deceased residuary legatee
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...
- Section 65 - Grant of administration where no executor nor residuary legatee nor representative of legatee
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...
- Section 66 - Preference to be given to certain persons to administer where deceased died intestate
When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in...