Section 43 of Law of Succession Act CAP 160: 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 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.
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- 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...
- Section 67 - Notice of application for grant
(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...
- Section 68 - Objections to application
(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,...
- Section 69 - Procedure after notice and objections
(1) Where a notice of objection has been lodged under subsection (1) of section 68, or no answer or no cross-application has been filed as required under subsection (2) of that section, a grant may be...
- Section 70 - Powers of courts
Whether or not there is a dispute as to the grant, every court shall have power, before making a grant of representation—
(a) examine any applicant on oath or affirmation; or
(b) call for further...
- Section 71 - Confirmation of grants
(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...
- Section 72 - Grants not to be confirmed in certain circumstances
No grant of representation shall be confirmed until the court—
(a) is satisfied that no application under Part III of this Act is pending; and
(b) has received a certificate from the Estate Duty...
- Section 73 - Duty of court to give notice to holder of grant to apply for confirmation
The court shall within one year from the date of any grant of representation, give notice to the holder of the grant to apply for confirmation thereof. Alteration and Revocation of Grants
- Section 74 - Errors may be rectified by court
Errors in names and descriptions, or in setting fourth 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,...
- Section 75 - Procedure where codicil discovered after grant
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...
- Section 75A - Continuing trust arising
(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...
- Section 76 - Revocation or annulment of grant
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—
(a) that the...
- Section 77 - Sealing of Commonwealth and foreign grants
(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...
- Section 78 - Duplicate or copy of foreign grant to have same effect as original
For the purposes of this Act, a duplicate of any grant sealed with the seal of a court or other authority in a Commonwealth or foreign country, or a copy thereof certified as correct by, or duly on...
- Section 79 - Property of deceased to vest in personal representative
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...
- Section 80 - When grant takes effect
(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...
- Section 81 - Powers and duties of personal representatives to vest in survivor on death of one of them
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...
- Section 82 - Powers of personal representatives
Personal representatives shall, subject only to any limitation imposed by their grant, have the following powers—
(a) to enforce, by suit or otherwise, all causes of action which, by virtue of any...
- Section 83 - Duties of personal representatives
Personal representatives shall have the following duties—
(a) to provide and pay out of the estate of the deceased, the expenses of a reasonable funeral for him;
(b) to get in all free property of...
- Section 84 - Personal representatives to act as trustees in certain cases
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,...
- Section 85 - Assent necessary to complete legatee’s title
(1) The assent of the executor shall be necessary to complete the title of the legatee to a specific legacy.
(2) Such assent may be verbal, and either express or implied from the conduct of the...
- Section 86 - Debts to be paid before legacies
Debts of every description enforceable at law and owed by or out of an estate shall be paid before any legacy.
- Section 87 - Personal representatives not bound to pay legacies without indemnity
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...
- Section 88 - Abatement and refunding of legacies
Legacies shall abate and be refunded according to the provisions of the Sixth Schedule.
- Section 89 - Insolvent estates
(1) Where an application for a grant of probate or letters of administration shows by the inventory therein that the estate the subject thereof will, after payment of funeral and other expenses, be...
- Section 90 - Investment of funds to provide for legacies and interest on legacies
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...
- Section 91 - Transfer of assets from Kenya to personal representatives in country of domicile for distribution
Where a person not having his domicile in Kenya has died leaving assets both in Kenya and in the country in which he had his domicile at the time of his death, and there has been a grant of...