Section 83 of Law of Succession Act CAP 160: 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 the deceased, including debts owing to him and moneys payable to his personal representatives by reason of his death;
(c) to pay, out of the estate of the deceased, all expenses of obtaining
their grant of representation, and all other reasonable expenses of administration (including estate duty, if any);
(d) to ascertain and pay, out of the estate of the deceased, all his debts;
(e) within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(f) subject to section 55, to distribute or to retain on trust (as the case may require) all assets remaining after payment of expenses and debts as provided by the preceding paragraphs of this section and the income therefrom, according to the respective beneficial interests therein under the will or on intestacy, as the case may be;
(g) within six months from the date of confirmation of the grant, or such longer period as the court may allow, to complete the administration of the estate in respect of all matters other than continuing trusts, and to produce to the court a full and accurate account of the completed administration;
(h) to produce to the court, if required by the court, either of its own motion or on the application of any interested party in the estate, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;
(i) to complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its own motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...