- 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.
- Section 75A of Law of Succession Act CAP 160: 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 court to appoint, subject to section 66, as administrators jointly with him not less than one or more...
- Section 76 of Law of Succession Act CAP 160: 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 proceedings to obtain the grant were defective in substance;
(b) that the grant was obtained...
- Section 77 of Law of Succession Act CAP 160: 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 notice in the Gazette, has, either before or after the commencement of this Act, granted probate or...
- Section 78 of Law of Succession Act CAP 160: 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 behalf of, that court or authority, shall have the same effect as the original.
- Section 79 of Law of Succession Act CAP 160: 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 grant, all the property of the deceased shall vest in him as personal representative.
- Section 80 of Law of Succession Act CAP 160: 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 their duties as such.
(2) A grant of letters of administration, with or without the will annexed,...
- Section 81 of Law of Succession Act CAP 160: 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 in the survivors or survivor of them:
Provided that, where there has been a grant of letters of...
- 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...
- 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...
- Section 84 of Law of Succession Act CAP 160: 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, unless other trustees have been appointed by a will for the purpose of the trust, be the trustees...
- Section 85 of Law of Succession Act CAP 160: 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 executor, and shall be sufficient to divest his interest as executor therein, and (subject to any...
- Section 86 of Law of Succession Act CAP 160: 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 of Law of Succession Act CAP 160: 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 due.
- Section 88 of Law of Succession Act CAP 160: Abatement and refunding of legacies
Legacies shall abate and be refunded according to the provisions of the Sixth Schedule.
- Section 89 of Law of Succession Act CAP 160: 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 insolvent, the court shall of its own motion order the administration of that estate in bankruptcy as...
- Section 90 of Law of Succession Act CAP 160: 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 accordance with those provisions.