- Section 47 of Law of Succession Act CAP 160: 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 that the High Court may for the purpose of this section be represented by Resident Magistrates...
- Section 48 of Law of Succession Act CAP 160: 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 other than an application under section 76 of this Act and to determine any dispute under this Act...
- Section 49 of Law of Succession Act CAP 160: 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 shillings, have in respect of that estate the jurisdiction conferred by section 48: Provided that—
(i) the...
- Section 50 of Law of Succession Act CAP 160: 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 appeal shall lie to the High Court in respect of any order or decree made by a Kadhi’s Court in...
- Section 50A of Law of Succession Act CAP 160: 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 and 50 and, in particular regulating the exercise of the jurisdiction conferred by this Act.
- Section 51 of Law of Succession Act CAP 160: 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 include information as to—
(a) the full names of the deceased;
(b) the date and place of his death;...
- Section 52 of Law of Succession Act CAP 160: 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 exceeding ten thousand shillings or to a term of imprisonment not exceeding one year or to both such fine...
- Section 53 of Law of Succession Act CAP 160: 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 of all property to which such will applies, either—
(i) probate of the will to one or more of the...
- Section 54 of Law of Succession Act CAP 160: 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 of Law of Succession Act CAP 160: 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 confirmed as provided in section 71.
(2) The restriction on distribution under subsection (1) does not...
- Section 56 of Law of Succession Act CAP 160: 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 of letters of administration, with or without the will annexed, shall be made to a body corporate...
- Section 57 of Law of Succession Act CAP 160: 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 corporation) letters of administration, the application may be signed, and any necessary affidavits may be...
- Section 58 of Law of Succession Act CAP 160: 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 a Trust Corporation;
(b) no grant of letters of administration with the will annexed shall be...
- Section 59 of Law of Succession Act CAP 160: 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 precluded from applying for grant of probate of that will.
- Section 60 of Law of Succession Act CAP 160: 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 of Law of Succession Act CAP 160: 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.
(2) If different executors are appointed by the codicil, the probate of the will shall be revoked,...
- Section 62 of Law of Succession Act CAP 160: 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 issued, calling upon the executor to renounce his executorship or apply for a grant of probate of the...
- Section 63 of Law of Succession Act CAP 160: 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 before the testator or before receiving a grant of probate of the will, or have failed within the...
- Section 64 of Law of Succession Act CAP 160: 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 with the will annexed as the residuary legatee.
- Section 65 of Law of Succession Act CAP 160: 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 who would be entitled to the administration of the estate of the deceased if he had died intestate, or...
- Section 66 of Law of Succession Act CAP 160: 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 the best interests of all concerned, be made, but shall, without prejudice to that discretion, accept...
- Section 67 of Law of Succession Act CAP 160: 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 objections thereto to be made known to the court within a specified period of not less than thirty...
- Section 68 of Law of Succession Act CAP 160: 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, or such longer period as the court may allow.
(2) Where notice of objection has been lodged under...
- Section 69 of Law of Succession Act CAP 160: 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 made in accordance with the original application.
(2) Where an answer and a cross-application...
- Section 70 of Law of Succession Act CAP 160: 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 evidence as to the due execution or contents of the will or some other will, the making of an oral...
- Section 71 of Law of Succession Act CAP 160: 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 the court for confirmation of the grant in order to empower the distribution of any capital assets....
- Section 72 of Law of Succession Act CAP 160: 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 Commissioner that he is satisfied that all estate duty payable in respect of the estate concerned has...
- Section 73 of Law of Succession Act CAP 160: 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 of Law of Succession Act CAP 160: 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, whether before or after confirmation, may be altered and amended accordingly.
- Section 75 of Law of Succession Act CAP 160: 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 grant altered and amended accordingly.