The Probate and Administration Rules

Rule 2 of The Probate and Administration Rules: Interpretation

In these Rules, except where the context otherwise requires— "applicant" means a person who is applying or has applied for a grant or other relief under the Act or these Rules; "authenticated copy" of a document means a copy of the document which is printed, type-written or produced in a permanent form by a photographic process and which bears at foot a certificate in Form 29 signed and dated by a judge, magistrate, the registrar or a deputy registrar of the High Court, the registrarGeneral or a deputy or assistant registrar-general; "authorized agent" means an agent authorized by his principal in writing; "caveator" has the meaning assigned to it by rule 15(2); "certified copy" has the same meaning as "authenticated copy" save that the certificate may alternatively be signed by an advocate; "child" has the meaning assigned to it by section 3(2) of the Act; "citor" means the person seeking the issue of a citation under Part VI; "court" means a judge of the High Court or a resident magistrate;
"district registrar" means a deputy registrar of the High Court and also an executive officer of the Resident Magistrate’s Court or other official for the time being appointed by the Chief Justice to have charge of the administration of a High Court district registry or a resident magistrate’s registry; "district registry" means a registry other than the principal registry; "Form" means the appropriate form set out in the First Schedule; "grant" means a grant of representation, whether a grant of probate or of letters of administration with or without a will annexed, to the estate of a deceased person; "High Court district registry" means a registry of the High Court other than the principal registry; "letters of administration" means letters of administration intestate or with the will annexed; "Mombasa registry" means the probate registry of the High Court at Mombasa; "objector" means a person who has lodged an objection under rule 17 to the issue of a grant; "personal applicant" means an applicant (not being a trust corporation or the Public Trustee) who has applied for a grant otherwise than through an advocate; "personal representative" means a person to whom a grant of representation has been made and is still subsisting;
"prescribed fee" means the appropriate fee prescribed in the Third Schedule; "principal registry" means the principal probate registry of the High Court at Nairobi; "protester" means a person who has filed a protest under rule 40(6) against the confirmation of a grant; "registrar" means the registrar of the High Court (who shall be the registrar of the principal registry and is herein referred to as the principal registrar) or a district registrar; "registry" means a probate registry of the High Court or of the Resident Magistrate’s Court and includes the principal registry; "resident magistrate’s registry" means a district registry for the time being attached to the Resident Magistrate’s Court; "signed" in relation to a will includes the affixing of a mark or thumbprint; "will" includes a codicil; "written will" means a will the entire of which is written, and does not include any oral instructions or observations given or made by the testator or any person by his direction prior to or at the time of execution of the will.

Check the current authoritative text and amendment history before relying on this provision.

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Rule 3 — Probate registries

(1) The principal registry and every High Court district registry or resident magistrate’s registry shall be under the control of the registrar of the High Court as principal registrar. (2) There shal…

Rule 6 — Depository for wills of living persons

(1) There shall be provided in the principal registry a safe and convenient depository for the custody of the wills of living persons, and any testator may on his personal application or the applicati…

Rule 9 — Personal application for grant

(1) A personal applicant may apply for a grant in person at any registry. (2) A personal applicant may not apply through an advocate or agent. (3) A personal application shall not be proceeded with— (…

Rule 10 — Application for order presuming death

An application for an order presuming the death of a person of whose death there is no sufficient written evidence and to whose estate a grant is sought shall be made by summons to the court and shall…

Rule 13 — Application for proof of oral will

(1) An application for proof of an oral will or of letters of administration with a written record of the terms of an oral will annexed shall be by petition in Form 78 or 92 and be supported by such e…

Rule 15 — Caveats, objections and warnings

(1) Any person who wishes to ensure that he shall receive notice of any application either for the making or the confirming of a grant of representation to the estate of a particular deceased person m…

Rule 21 — Citations generally

(1) Every citation shall be drawn by the applicant in one of the Forms 31 to 36 as appropriate and settled by the registrar of the registry from which, upon payment of the prescribed fee, it is to be…

Rule 25 — Signing, sealing and issue of grants

(1) Every grant made and issued through the principal registry or a High Court district registry shall be in one of Forms 41 to 52 as appropriate and shall be signed by a judge of the High Court and s…

Rule 26 — Grants of letters of administration

(1) Letters of administration shall not be granted to any applicant without notice to every other person entitled in the same degree as or in priority to the applicant. (2) An application for a grant…

Rule 30 — Evidence of foreign law

Where evidence of the law of a country outside Kenya is required on any application for a grant, the affidavit of any person who practises, or has practised, as a barrister, solicitor, advocate or oth…

Rule 31 — Grant to attesting witness

Where a gift to any person fails by reason of section 13(2) of the Act, such person shall not have any right to a grant as a beneficiary named in the will, but such failure shall not of itself prejudi…

Rule 32 — Grant intestate on behalf of infant

(1) Where in the case of intestacy the person to whom a grant could otherwise be made is an infant, administration for his use and benefit until he attains the age of eighteen years may, subject to su…

Rule 33 — Grant where infant a co-executor

Where one of two or more executors is an infant, probate may be granted by the court to the other executor or executors not under disability, with power reserved of making the like grant to the infant…

Rule 35 — Grant to trust corporation

(1) Any trust corporation wishing to petition for a grant shall file with its petition evidence that it is a trust corporation within the definition thereof in section 3 of the Act and an undertaking…

Rule 39 — Right of assignee to a grant

(1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assigne…

Rule 40 — Application for confirmation of grant

(1) Where the holder of a grant which has not been confirmed seeks confirmation of the grant he shall apply for such confirmation by summons in Form 108 in the cause in which the grant was issued, sup…

Rule 43 — Rectification of grant

(1) Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the tim…

Rule 44 — Revocation or annulment of grant

(1) Where any person interested in the estate of the deceased seeks pursuant to the provisions of section 76 of the Act to have a grant revoked or annulled he shall, save where the court otherwise dir…

Rule 45 — Application under s. 26 of the Act

(1) Every application to the court under section 26) of the Act shall, where a grant has been applied for or made but not confirmed, be brought by summons in Form 106 in that cause, or, where no grant…

Rule 46 — Application under s. 35(3) of the Act

(1) Every application to the court under section 35(3) of the Act shall be brought by summons in Form 105 in the cause in which the grant was confirmed and shall pray for the appointment to the applic…

Rule 48 — Application under s. 61(2) of the Act

(1) Every application under section 61(2) of the Act for the revocation of a grant of probate of a will (or of a will and one or more codicils) and the grant of a new probate of the will (or of the wi…

Rule 50 — Wills registers

At every registry there shall be maintained a register called the wills register for that registry in which the following information shall be recorded relating to every will of a deceased person in r…