Law of Succession Act CAP 160▤
Forms of grant
A court may— (a) where a deceased person is proved (whether by production of a will or an authenticated copy thereof or by oral ev…
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101 results · Law of Succession Act CAP 160
Law of Succession Act CAP 160▤
Wilful and reckless statements in application for grant
Any person who, in an application for representation, wilfully or recklessly makes a statement which is false in any material part…
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Law of Succession Act CAP 160▤
Application for grant
(1) Every application for a grant of representation shall be made in such form as may be prescribed, signed by the applicant and w…
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Law of Succession Act CAP 160▤
Power to make rules
The Chief Justice may in consultation with the Chief Kadhi, make rules of court for the better carrying into effect in relation to…
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Law of Succession Act CAP 160▤
Appeals to High Court
(1) An appeal shall lie to the High Court in respect of any order or decree made by a Resident Magistrate in respect of any estate…
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Law of Succession Act CAP 160▤
Territorial jurisdiction of magistrates
The Resident Magistrate within whose area a deceased person had his last known place of residence shall, if the gross value of the…
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Law of Succession Act CAP 160▤
Jurisdiction of magistrates
(1) Notwithstanding any other written law which limits jurisdiction, but subject to the provisions of section 49 of this Act, a Re…
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Law of Succession Act CAP 160▤
Jurisdiction of High Court
The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such…
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Law of Succession Act CAP 160▤
Duties of officers in relation to protection, etc., of deceased’s property
(1) Whenever it becomes known to any police officer or administrative officer that any person has died, he shall, unless aware tha…
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Law of Succession Act CAP 160▤
No intermeddling with property of deceased person
(1) Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act…
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Law of Succession Act CAP 160▤
Application of Part
(1) The provisions of this Part shall not, in cases of intestacy, apply to those types of property mentioned in section 32. (2) Th…
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Law of Succession Act CAP 160▤
Presumption of survivorship
Where two more persons have died in circumstances rendering it uncertain which of them survived the other or others, the deaths sh…
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Law of Succession Act CAP 160▤
Previous benefits to be brought into account
Where— (a) an intestate has, during his lifetime or by will, paid, given or settled any property to or for the benefit of a child,…
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Law of Succession Act CAP 160▤
Property devolving upon child to be held in trust
Where reference is made in this Act to the “net intestate estate”, or the residue thereof, devolving upon a child or children, the…
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Law of Succession Act CAP 160▤
Where intestate was polygamous
(1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects…
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Law of Succession Act CAP 160▤
Where intestate has left no surviving spouse or children
(1) Where an intestate has left no surviving spouse or children, the net intestate estate shall devolve upon the kindred of the in…
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Law of Succession Act CAP 160▤
Where intestate has left a surviving child or children but no spouse
Where an intestate has left a surviving child or children but no spouse, the net intestate estate shall, subject to the provisions…
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Law of Succession Act CAP 160▤
Powers of spouse during life interest
A surviving spouse entitled to a life interest under the provisions of section 35 or 36 of this Act, with the consent of all co-tr…
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Law of Succession Act CAP 160▤
Where intestate has left one surviving spouse but no child or children
(1) Where the intestate has left one surviving spouse but no child or children, the surviving spouse shall be entitled out of the…
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Law of Succession Act CAP 160▤
Where intestate has left one surviving spouse and child or children
(1) Subject to the provisions of section 40, where an intestate has left one surviving spouse and a child or children, the survivi…
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Law of Succession Act CAP 160▤
Meaning of intestacy
A person is deemed to die intestate in respect of all his free property of which he has not made a will which is capable of taking…
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Law of Succession Act CAP 160▤
Law applicable to excluded property
The law applicable to the distribution on intestacy of the categories of property specified in section 32 shall be the law or cust…
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Law of Succession Act CAP 160▤
Excluded property
The provisions of this Part shall not apply to— (a) agricultural land and crops thereon; or (b) livestock, in various Districts se…
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Law of Succession Act CAP 160▤
Characteristics
A gift made in contemplation of death shall be valid, notwithstanding that there has been no complete transfer of legal title, if—…
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