Rule 1 of The Probate and Administration Rules: Citation and commencement
These Rules may be cited as the Probate and Administration Rules and shall come into operation upon the date of commencement of the Act.
The Probate and Administration Rules in Kenya
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51 resultsRule 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 f…
Rule 3 of The Probate and Administration Rules: 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 shall be a High Court district registry or a resident magistrate’s registry at such places as the Chief…
Rule 4 of The Probate and Administration Rules: Duties of district registrars in relation to principal registry
(1) A district registrar shall send to the principal registry a notice in Form 73 of every application made in his registry for a grant as soon as may be after the application has been filed and no such grant may be signed by the court until the receipt from the principal registry of a certificate i…
Rule 5 of The Probate and Administration Rules: Record of grants to be maintained at principal registry
A record shall be kept in the principal registry of every grant issued by that registry and every district registry and shall be open to public inspection upon payment of the prescribed fee.
Rule 6 of The Probate and Administration Rules: 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 application of his advocate deposit his will in a sealed packet therein on payment or the prescribed fee and…
Rule 7 of The Probate and Administration Rules: Application for grant: general provisions
(1) Subject to the provisions of subrule (9), where an applicant seeks a grant of representation to the estate of a deceased person to whose estate no grant or no grant other than one under section 49 or a limited grant under section 67 of the Act has been made, the application shall be by petition…
Rule 8 of The Probate and Administration Rules: Application for grant made through advocate
(1) An applicant for a grant may apply either as a personal applicant or through an advocate. (2) An applicant shall not apply through an agent other than an advocate. (3) An application for a grant through an advocate may be made otherwise than by post at any registry and may be made by post at suc…
Rule 9 of The Probate and Administration Rules: 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— (a) if an application has already been made by an advocate on behalf of the same applicant and has no…
Rule 10 of The Probate and Administration Rules: 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 be supported by an affidavit setting out the grounds of the application.
Rule 11 of The Probate and Administration Rules: Application for grant in additional names
Where it is desired to describe the deceased in a grant by more names than one the applicant shall state in the application the usual name or names of the deceased and shall also state the reason for the inclusion of the other name or names in the grant.
Rule 12 of The Probate and Administration Rules: Application for limited grant under Fifth Schedule to the Act
An application for a grant of representation to be limited in any of the several respects described in the Fifth Schedule to the Act shall be by petition in the appropriate Form and shall be supported by such evidence by affidavit in Form 19 as is required by these Rules including such evidence as i…
Rule 13 of The Probate and Administration Rules: 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 evidence on affidavit in Form 4 or 6 as the applicant can adduce as to the matters referred to in rul…
Rule 14 of The Probate and Administration Rules: Amendment or withdrawal of application for grant
(1) An applicant for a grant may amend his application before the making of the grant by notice in Form 62 to be filed in the registry in which his original application was filed and serving forthwith a copy of such notice upon every objector who has lodged an objection and cross-application in the…
Rule 15 of The Probate and Administration Rules: 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 may enter a caveat in any registry. (2) Any person who wishes to enter a caveat (herein called the ca…
Rule 16 of The Probate and Administration Rules: Notice to court of facts relevant to application for grant
(1) Any person who wishes to bring to the notice of the court any matter as to the making or contents of the will of a deceased (whether written or oral), the rights of dependants or of persons who might be entitled to interests on the intestacy of the deceased, or any other matter which might requi…
Rule 17 of The Probate and Administration Rules: Objections, answers and cross-applications
(1) Any person who has not applied for a grant to the estate of a deceased and wishes to object to the making of a grant which has been already applied for by another person may do so by lodging within the period specified in the notice of the application published under rule 7(4), or such longer pe…
Rule 18 of The Probate and Administration Rules: Renunciation of probate or of right to apply for administration
(1) A renunciation of probate whether of a written or an oral will, or of the right to apply for administration, may be in one of the Forms 98 to 102 as appropriate. (2) A renunciation of probate by an executor, whether by oral declaration or in writing, shall not operate as a renunciation of any ri…
Rule 19 of The Probate and Administration Rules: Where one of several executors neither renounces nor applies for grant
(1) Where there are more executors than one and the application for a grant is made by one or more but not by all the executors, those not so applying or any of them may, if they have not renounced probate, apply subsequently to be thereafter joined by endorsement on the grant. (2) Before such an ap…
Rule 20 of The Probate and Administration Rules: Death of executor who has not renounced
Where an executor has predeceased the testator or has survived the testator but has died before a grant is applied for and without having renounced, a certificate or other evidence acceptable to the court of the death of such executor shall, unless the court for reasons to be recorded otherwise dire…
Rule 21 of The Probate and Administration Rules: 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 issued. (2) Every averment in a citation, and such other information as the registrar may require, s…
Rule 22 of The Probate and Administration Rules: Citation to accept or refuse or to take a grant
(1) A citation may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto. (2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at…
Rule 23 of The Probate and Administration Rules: Citation to propound a document as a will
(1) A citation to propound a document as a will shall be supported by an affidavit in Form 23 and be directed to the executors named therein (if any) and still living and to all persons interested thereunder, and may be issued at the instance of any citor having an interest contrary to that of the e…
Rule 24 of The Probate and Administration Rules: Order to bring in a will or to attend for examination
(1) The court may, on the application by summons supported by affidavit of any person claiming to be beneficially interested in the estate of a deceased, or of its own motion, make an order requiring any other person to bring into any High Court registry any document being or appearing to be a testa…
Rule 25 of The Probate and Administration Rules: 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 sealed with the seal of that registry. (2) Every grant made and issued through a resident magistrate’…
Rule 26 of The Probate and Administration Rules: 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 where the applicant is entitled in a degree equal to or lower than that of any other person shall, i…
Rule 27 of The Probate and Administration Rules: Exceptions to rules as to priority
Nothing in rule 26 shall operate to prevent a grant being made to any person to whom a grant may be made, or may be required to be made, under the Act.
Rule 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 w…
Rule 29 of The Probate and Administration Rules: Court may require to be satisfied as to solvency of administrator
(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 such person and, having regard to the nature and extent of the estate of the deceased likely to come…
Rule 30 of The Probate and Administration Rules: 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 other legal practitioner in that country and who is conversant with its law may be accepted by the cour…