The Probate and Administration RulesRule 57 of The Probate and Administration Rules: Affidavit of facts relative to rules 54, 55 and 56
(1) The court may require an affidavit from any person it thinks fit for the purpose of satisfying itself as to any of the matters referred to in rules 54, 55 and 56, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution or making of a will the deponent shall depose to the manner in which the will was executed or made.
(2) Where by reason of any of the matters referred to in rules 54, 55 and 56 the court is of the opinion that a petition should be filed under the provisions of rule 7 it may so direct.
Check the current authoritative text and amendment history before relying on this provision.
(1) Every application under these Rules which relates to the will, or to the devolution of property on the intestacy, of a deceased person in regard to whom or whose property there are no proceedings…
(1) Save where otherwise provided in these Rules every application to the court or to a registry shall be brought in the form of a petition, caveat or summons as may be appropriate. (2) In the case of…
Every interested person (whether or not he has been served with notice thereof) who wishes to be heard upon or to oppose any application, and has not already appeared in the proceedings, shall enter a…
(1) Every application shall without delay be considered by the registrar who shall give all necessary directions as to the time and place of the hearing and as to the giving of notice of the proceedin…
(1) The registrar may hear and determine any matter brought before him or may at the request of any party thereto or of his own motion transfer it or any other matter or question before him to the cou…
(1) Save as is in the Act or in these Rules otherwise provided, and subject to any order of the court or a registrar in any particular case for reasons to be recorded, the following provisions of the…
Where during the hearing of any cause or matter any party desires to provide evidence as to the application or effect of African customary law he may do so by the production of oral evidence or by ref…
(1) Every document other than a testamentary instrument filed in any registry shall bear at foot the name and an address for service within Kenya of the advocate or other person by whom it is presente…
Where provision is made in any rule for the filing by any person of an affidavit for a specific purpose that provision shall be construed as enabling that person in a proper case to file more affidavi…
Where any period is fixed or granted by these Rules or by an order of the court for the doing of any act or thing, the court upon request or of its own motion may from time to time enlarge such period…
Where copies of any documents lodged, filed or issued in or from a registry are required such copies may, subject to the provisions of these Rules, be obtained from the registry, and such may be photo…
The costs of all proceedings under these Rules shall be in the discretion of the court.
The forms set out in the First Schedule, with such adaptations, additions and amendments as may be necessary, shall, when appropriate, be used in all proceedings under these Rules: Provided that the C…
(1) The fees to be paid in proceedings under these Rules shall be those set out in the Third Schedule and shall be paid in cash. (2) The Chief Justice may from time to time by notice in the Gazette am…
(1) Subject to the provisions of the Act and in any particular case to any direction given by the court, these Rules shall apply to every application and proceeding which is pending on the date on whi…
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
The Probate and Administration (Contested Suits) Rules, 1940, (G.N. 264/1940) are revoked.
