The Probate and Administration RulesRule 36 of The Probate and Administration Rules: Grant ad colligenda bona under s. 67 of the Act
(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 entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
(2) Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made.
(3) Application for such a grant shall be by petition in Form 85 signed by the applicant in the presence of not less than two adult witnesses supported by an affidavit containing the material facts together with the reasons for the application and showing the urgency of the matter and shall be made at the principal registry or at the Mombasa, Kisumu, Nakuru, Nyeri, Kisii, Kakamega, Meru, Machakos, Eldoret and Bungoma registries.
(4) The provisions of rule 7(4) shall not apply to applications under this rule. (5) Copies of the proceedings and of the grant when issued shall be served upon such persons (if any) and in such manner as the court shall direct.
[L.N. No. 223 of 1992 , r. 2, L.N. No. 266 of 1995 , r. 2, L.N. No. 143 of 2002 , r. 2.]
Check the current authoritative text and amendment history before relying on this provision.
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