Section 16 of Public Trustee Act CAP 168: 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 for all purposes be treated in the same manner as assets within Kenya at the time of death:
Provided that the fees chargeable by the Public Trustee on any assets or moneys received from outside Kenya only for the purpose of distribution among the heirs or beneficiaries shall be restricted to three per centum of the gross value of those assets or the net amount of money received.
(2) Where any person entitled to a share under the will, or otherwise in the distribution of the estate, of a deceased person whose estate is being administered by the Public Trustee is a minor, the court may, upon the application of the Public Trustee, appoint the father or mother of the minor or some
other suitable person to receive the share of the minor on his behalf, and when the appointment is made the Public Trustee may pay the share of the minor to that person on behalf of the minor, and the receipt of that person shall be a full and complete discharge to the Public Trustee so far as regards that share:
Provided that, where the share of the minor does not exceed two hundred thousand shillings in value, the Public Trustee may pay or transfer it to the father or mother of the minor or some other suitable person on behalf of the minor, and the receipt of the father or mother or other person referred to herein shall be a full and complete discharge to the Public Trustee in respect of that share.

More Sections

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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