Law of Succession Act CAP 160▤
Limitation of time
No application under this Part shall be brought after a grant of representation in respect of the estate to which the application…
Explore resource↗
THE SHERIAPLEX COLLECTION
Kenyan legislation.
Find Acts and individual sections in a clear, focused reading experience.
101 results · Law of Succession Act CAP 160
Law of Succession Act CAP 160▤
Meaning of dependant
For the purposes of this Part, “dependant” means— (a) the wife or wives, or former wife or wives, and the children of the deceased…
Explore resource↗
Law of Succession Act CAP 160▤
Circumstances to be taken into account by court in making order
In considering whether any order should be made under this Part, and if so what order, the court shall have regard to— (a) the nat…
Explore resource↗
Law of Succession Act CAP 160▤
Discretion of court in making order
In making provision for a dependant the court shall have complete discretion to order a specific share of the estate to be given t…
Explore resource↗
Law of Succession Act CAP 160▤
Provisions for dependants not adequately provided for by will or on intestacy
Where a person dies after the commencement of this Act, and so far as succession to his property is governed by the provisions of…
Explore resource↗
Law of Succession Act CAP 160▤
Election
Beneficiaries under testamentary gifts or dispositions shall be put to election in the circumstances and manner and to the extent…
Explore resource↗
Law of Succession Act CAP 160▤
Failure of testamentary dispositions
Testamentary gifts and dispositions shall fail by way of lapse or ademption in the circumstances and manner and to the extent prov…
Explore resource↗
Law of Succession Act CAP 160▤
Construction of wills
Wills shall be construed in accordance with the provisions of the First Schedule to this Act.
Explore resource↗
Law of Succession Act CAP 160▤
Revival of will
(1) No will which has been in any manner wholly revoked shall be revived otherwise than by the re-execution thereof. (2) Where onl…
Explore resource↗
Law of Succession Act CAP 160▤
Effect of obliteration, interlineation or alteration in will
(1) No obliteration, interlineation or other alteration made in a written will after the execution thereof shall have any effect u…
Explore resource↗
Law of Succession Act CAP 160▤
Revocation of will by testator’s marriage
A will shall be revoked by the marriage of the maker; but where a will expressed to be made in contemplation of marriage with a sp…
Explore resource↗
Law of Succession Act CAP 160▤
Revocation of will
(1) Save as provided by section 19, no will or codicil, or any part thereof, shall be revoked otherwise than by another will or co…
Explore resource↗
Law of Succession Act CAP 160▤
Will may be revoked or altered
A will may be revoked or altered by the maker of it at any time when he is competent to dispose of his free property by will.
Explore resource↗
Law of Succession Act CAP 160▤
Formal validity of other wills
Notwithstanding the provisions of this Part, every will, whether of movable or immovable property, and whether executed before or…
Explore resource↗
Law of Succession Act CAP 160▤
Existing wills
Notwithstanding the provisions of this Part, any written will executed before the commencement of this Act shall, whether the test…
Explore resource↗
Law of Succession Act CAP 160▤
Witness not disqualified by being executor
No person, by reason of his being an executor of a will, shall be disqualified as a witness to prove the execution of the will or…
Explore resource↗
Law of Succession Act CAP 160▤
Effect of gift to attesting witness
(1) A will shall not be considered as insufficiently attested by reason of any benefit thereby given, either by way of bequest or…
Explore resource↗
Law of Succession Act CAP 160▤
Incorporation of papers by reference
If a testator, in a will or codicil, refers to another document then actually written, and expressing any part of his intentions,…
Explore resource↗
Law of Succession Act CAP 160▤
Written wills
No written will shall be valid unless— (a) the testator has signed or affixed his mark to the will, or it has been signed by some…
Explore resource↗
Law of Succession Act CAP 160▤
Proof of oral wills
If there is any conflict in evidence of witnesses as to what was said by the deceased in making an oral will, the oral will shall…
Explore resource↗
Law of Succession Act CAP 160▤
Oral wills
(1) No oral will shall be valid unless— (a) it is made before two or more competent witnesses; and (b) the testator dies within a…
Explore resource↗
Law of Succession Act CAP 160▤
Form of wills
A will may be made either orally or in writing.
Explore resource↗
Law of Succession Act CAP 160▤
Wills caused by fraud, coercion, importunity or mistake
A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the f…
Explore resource↗
Law of Succession Act CAP 160▤
Appointment by will or executor
A person may, by will, appoint an executor or executors.
Explore resource↗