Section 15 of Public Trustee Act CAP 168: Power to collect, realize and hand over assets to Administrator-General

(1) Where a person dies leaving estate in Kenya consisting of movable property only and also estate in Uganda, Tanzania, or Malawi administration whereof is committed to the AdministratorGeneral or Public Trustee of any such territory, the Public Trustee may, if requested so to do by the Administrator-General or Public Trustee of the territory, and if satisfied that the reciprocal legislation exists in that territory and that the interests of creditors in Kenya will not thereby be prejudiced, apply to the court for an order, which order the court is hereby empowered to make, authorizing him to collect the assets of the estate in Kenya and hand them over to the Administrator-General or Public Trustee of that territory; and, upon the making of the order, the Public Trustee shall have the same rights and duties as regards the collection and realization of the assets of the estate as if administration had been committed to him, and shall not be liable therefor to any creditor or claimant, but shall be discharged from liabilities upon handing over the assets
or the proceeds of the realization thereof to the Administrator-General or Public Trustee of that territory.
(2) There shall be chargeable in respect of proceedings under this section the following—
(a) one half of the scale of the fees payable to the Public Trustee under this Act and the rules thereunder;
(b) estate duty in accordance with the Estate Duty Act (Cap. 483);
(c) fees of court; and
(d) any out-of-pocket realization expenses and other charges or taxes incurred by the Public Trustee in collecting, realizing and disposing of or transmitting the assets, or the proceeds of realization thereof, of the estate in Kenya.

More Sections

Section 16 - Treatment of assets received from outside Kenya

(1) Where the administration of an estate has been committed to the Public Trustee and he receives assets which at the time of the death of the deceased were situated outside Kenya, those assets shall...

Section 17 - Duties of Public Trustee

(1) The Public Trustee may— (a) act as personal representative of a deceased person; (b) act as an ordinary trustee of any trust not prohibited under this Act or any other law; (c) act as a...

Section 18 - Appointment of Public Trustee as trustee by person creating trust

(1) Any person intending to create a trust other than a trust which the Public Trustee is prohibited from accepting under this Act may, by the instrument creating the trust, and with the consent of...

Section 19 - Appointment of Public Trustee as trustee by court

If the property is subject to a trust other than a trust which the Public Trustee is prohibited from accepting under this Act, and there is no trustee within Kenya willing or capable to act in the...

Section 20 - Custodian trustee

(1) Subject to any rules made under this Act, the Public Trustee may, if he consents to act as such, and whether or not the number of trustees has been reduced below the original number, be appointed...

Section 21 - Transfer of legacy, etc of minor or person suffering from mental disorder

If any person suffering from mental disorder, within the definition of that term contained in section 2 of the Mental Health Act (Cap. 248) of whose estate the Public Trustee has been appointed...

Section 22 - Security not required

The Public Trustee shall not be required by any court to enter into any bond or security on his appointment in any capacity under this Act.

Section 23 - Court orders

The court may make such orders as it thinks fit respecting any trust property vested in the Public Trustee or the interest or produce thereof.

Section 24 - Power to incur expenditure

The Public Trustee may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure on such acts as may be necessary for the proper care and management of any...

Section 25 - Other provisions regarding Public Trustee

(1) Deleted by Act No. 6 of 2018, s. 15. (2) The Public Trustee shall appoint such person or persons as he shall think fit to act as his agents in the managing, collecting and getting in of property...

Section 26 - Government liability for acts of Public Trustee

(1) The Government shall be liable to make good all sums required to discharge any liability which the Public Trustee, if he were a private executor, administrator or trustee, would be personally...

Section 27 - Rules

The Attorney-General may make rules for— (a) defining the duties of the Public Trustee; (b) defining the powers and liabilities of agents, appointing such persons as may be thought advisable to be...

Section 28 - Application of the Unclaimed Financial Assets Act (Cap. 494)

The provisions in the Unclaimed Financial Assets Act (Cap. 494) that require institutions to remit unclaimed assets to the Unclaimed Financial Assets Authority shall not apply to the Public Trustee.

Section 29 - Alternative dispute resolution

The Public Trustee may apply alternative forms of dispute resolution mechanisms to resolve disputes relating to the administration of estates and trusts.

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