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Browse Acts ↓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 prejudice his right to a grant in any other capacity.
(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 subrule (2), be granted to both parents of the infant jointly or to the surviving parent or to the sta…
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 on his attaining the age of eighteen years; and administration with the will annexed for the use an…
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 to inform the principal registry of any change in its eligibility. (2) The principal registry shall…
(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 co…
(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 97A signed by the applicant in the presence of not less than two adult witnesses supported by an af…
(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 these Rules for a grant of representation to the deceased. (2) Upon the making of a grant under any…
(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 assignees shall replace, in the order of preference for a grant of administration, the assignor or, if ther…
(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, supported by an affidavit in Form 8 or 9 exhibiting the grant together with an estate duty compliance c…
(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 written protests which have been filed and shall then hear the applicant and each protester and any ot…
(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 the principal registry or to the Mombasa registry by the person to whom the grant was made or by hi…
(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 time or place of the death of the deceased or, in the case of a limited grant, the purpose for which th…
(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 directs, apply to the High Court for such relief by summons in Form 107 and, where the grant was issued…
(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 has been applied for, be brought by petition in Form 96; and the summons or petition and supporting…
(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 applicant of such share of the estate of the deceased as the court thinks fit; and the application shall b…
(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 be filed in the registry through which the original grant was made to the applicant. (2) The codicil…
(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 will with one or more codicils) together with a codicil discovered subsequently to the grant (in this…
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 affidavit.
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 regard to which an application is made— (a) the name of the testator; (b) the cause number; (c) the s…
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 and preserved among the records of that registry unless removed therefrom pursuant to regulations m…
(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 may be required under these Rules as to the validity, terms, physical condition or date of executio…
(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 for photographic reproduction to be lodged. (2) Where a written will contains alterations which are…
(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 court shall, before admitting the will to proof, require an affidavit of due execution from one or more…
(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 the will or by the execution of a codicil, the court may require evidence to show whether the alterat…