The Probate and Administration RulesRule 28 of The Probate and Administration Rules: Grant where deceased died domiciled outside Kenya
Where the deceased died domiciled outside Kenya, the court may make a grant—
(a) to the person entrusted with the administration of the estate by a court having jurisdiction at the place where the deceased died domiciled; or
(b) to a person entitled to administer the estate by the law of the place where the deceased died domiciled; or
(c) if there is no such person as is mentioned in paragraph (a) or (b) or if in the opinion of the court the circumstances so require, to such other person as the court directs; or
(d) if the court considers that a grant should be made to not less than two administrators, to such person as the court may direct jointly with any such person as is mentioned in paragraph (a) or (b) or with any other person:
Provided that without any such grant under this rule—
(i) probate of a will which is admissible to proof may be granted if the will appoints a named person as executor or describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person;
(ii) where the whole of the estate in Kenya consists of immovable property a grant limited thereto may be made by the court in accordance with the law which would have been applicable if the deceased had died domiciled in Kenya.
Check the current authoritative text and amendment history before relying on this provision.
(1) In the exercise of its discretion as to the person to be appointed an administrator (with or without the will annexed) the court shall endeavour to satisfy itself as to the financial solvency of s…
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…
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…
(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…
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…
An infant executor’s right to probate on attaining the age of eighteen years may not be renounced by any person on his behalf.
(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…
(1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be ent…
(1) Every application to a resident magistrate under section 49 of the Act for a temporary grant of representation limited to the collection of assets and payment of debts shall be by petition in Form…
(1) The making of a grant of representation under rule 36 or 37 shall be without prejudice to the right of the representative so appointed or of any other person to apply under any other provision of…
(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…
(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…
(1) At the hearing of the application for confirmation the court shall first read out in the language or respective languages in which they appear the application, the grant, the affidavits and any wr…
(1) An application under section 77 of the Act for the sealing of a grant issued by a court or other authority of a Commonwealth country or other country to which that section applies shall be made to…
(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…
(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…
(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…
(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…
(1) Every application under section 61(1) of the Act for a grant of probate of a codicil discovered after the will was proved shall be by summons in the cause in which the will was proved which shall…
(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…
A person desiring to make an application to the court relating to the estate of a deceased person for which no provision is made elsewhere in these Rules shall file a summons supported if necessary by…
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…
All original wills, or court authenticated copies thereof, of which probate or letters of administration with the will annexed have been granted by or applied for in any registry, shall be retained by…
(1) A photocopy of every will in respect of which an application for a grant is made shall be marked by the signature of the applicant and shall also be exhibited in any affidavit or declaration which…
(1) Where the registrar considers that in any particular case a photographic copy of the original written will would not be satisfactory for purposes of record, he may require an engrossment suitable…
(1) Where a written will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt about the due execution of the will, the cou…
(1) Where there appears in a written will any obliteration, interlineation or other alteration which is not authenticated in the manner prescribed by section 20 of the Act or by the re- execution of t…
