Section 82 of Law of Succession Act CAP 160: 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 law, survive the deceased or arising out of his death for his personal representative;
(b) to sell or otherwise turn to account, so far as seems necessary or desirable in the execution of their duties, all or any part of the assets vested in them, as they think best:
Provided that—
(i) any purchase by them of any such assets shall be voidable at
the instance of any other person interested in the asset so purchased; and
(ii) no immovable property shall be sold before confirmation of the grant;
(c) to assent, at any time after confirmation of the grant, to the vesting of a specific legacy in the legatee thereof;
(d) to appropriate, at any time after confirmation of the grant, any of the assets vested in them in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased or any other interest or share in his estate, whether or not the subject of a continuing trust, as to them may seem just and reasonable to them according to the respective rights of the persons interested in the estate of the deceased, and for that purpose to ascertain and fix (with the assistance of a duly qualified valuer, where necessary) the value of the respective assets and liabilities of such estate, and to make any transfer which may be requisite for giving effect to such appropriation:
Provided that except so far as otherwise expressly provided by any will—
(i) no appropriation shall be made so as to affect adversely any specific legacy;
(ii) no appropriation shall be made for the benefit of a person absolutely and beneficially entitled in possession without his consent, nor for the purpose of a continuing trust without the consent of either the trustees thereof (not being the personal representatives themselves) or the person for the time being entitled to the income thereof, unless the person whose consent is so required is a minor or of unsound mind, in which case consent on his behalf by his parent or guardian (if any) or by the manager of his estate (if any) or by the court shall be required.
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- 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...
- Section 92 - Protection of persons acting on representation
(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...
- Section 93 - Validity of transfer not affected by revocation of representation
(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...
- Section 94 - Neglect or misapplication of assets by personal representatives
When a personal representative neglects to get in any asset forming part of the estate in respect of which representation has been granted to him, or misapplies any such asset, or subjects it to loss...
- Section 95 - Offences by personal representatives
(1) Any personal representative who, as regards the estate in respect of which representation has been granted to him—
(a) wilfully or recklessly neglects to get in any asset forming part of the...
- Section 96 - Sane murderer not to share in victim’s estate
(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,...
- Section 97 - Rules
The Rules Committee may make rules of procedure generally for the carrying out of the purposes and provisions of this Act, and without prejudice to the foregoing generality, any such rules of...
- Section 98 - Transitional
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 99 - Repeal
The laws set out in the Eighth Schedule are repealed.
- Section 100 - Amendments
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...