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Types of Grants
Types of Grants
Types of Grants
There are different types of grants.
3.1 Grant of Probate
3.2 Grant of letters of
Administration with
will annexed
3.3 Grant of Probate or
Oral will.*
3.4 Grant of letters of
administration intestate.
3.5 Resealing of Grant of Probate or
Forms
A
The deceased died having written a will &
named the person to be in charge of his
affairs (executrix/executor). The said
person named is to apply for the grant of
probate unless he refuses or declines to
do so.
Forms
Grant issued by
Court
(P & A44)
Gives
The Beneficiary
can apply for
Grant of Probate, for proof
of oral Will.
B Forms
B Forms
the following forms should be filed.
Form P & A 80 (petition).
Form P & A 5 (affidavit)
Form P & A 12 (affidavit of means)
Death Certificate (mandatory).
Form P & A 38 (Consent form).
B Forms
Points to Note
Section 84 deals with continuing trust
where there is a life interest.
Section 56 (1) (b) The total number of
persons to apply for grant of letters of
administration intestate should be four.
Rule 7 (8). Any of the four could swear
an affidavit.
A
B Forms
B Forms
Within 30 days
No objections received
By the courts
(iii) Registrar
Step 1 - The registrar sends a notification in Form
P & A 61 to applicant
(proposed administrator).
(iii) Registrar
Step 2 - The registrar sends a notification in Form
P & A 67 to objector requiring the objector to file an
answer to the petition by way of
cross application rule 17 (5)
(iii) Registrar
Step 3 DIRECTIONS
The registrar refers the matter to court for
directions once all the
requisite paper has been filed.
Important Note
Objections may be withdrawn, by way of a
notice to withdraw. Form P& A 66 (rule 17
(7))
Any objector may amend his objections
by lodging an amended answer & cross
application. A copy is required to be served
on the petitioner.
6 Confirmation of a Grant
Forms
6 Confirmation of a Grant
Note
Before 6 months are up a grant may be
issued in certain circumstances section 71
(3).
Form 109 (application)
Form 8 & 9 (affidavit) (Whichever is
applicable).
C Procedure
Step 1 Forms filed, date taken in registry.
Applicant appears before Hon Judge.
7 Revocation
Section 76 rule 44
(C) Procedure
Applicant files Form 107 & P & A
(B) Forms
P & A 107 (application)
P & A 14 (affidavit)
7 Revocation
Applicant takes dates &
appears before a Judge
for directions exparte.
Judge directs which persons
should be served with the
application (Form 107, 14).
These person are those
normally efficient by the
revocation. The mode of
service such persons
(personal or otherwise)
including the manner of efficiency
such service.
(b)
(c)
(d)
8 Citations
Rule 21, 22, 23
(b) Forms
(I) Where there is a Will P & A 31.
(II) Where there is no Will P & A 32.
(III) Creditors P & A 36.
Procedure
Step 1 - Service of citation done on the
citor with a copy of the form duly sealed.
(Method of service is as directed as per
the registrar).
Step 2 Persons cited once served is to
enter appearance within 15 days.
Step 3 If no appearance has been
entered, applicant citor may petition for
grant.
Step 4 in the alternative summonses to
be taken out or notices to such person
cited to take out the grant or by other
person.
NB Proof of services required.
Once application for citation is granted.
The letters of administration is applied in
the normal way.
8 Citations
Rule 21, 22, 23
Purchaser
9 Death Certificate
10 Renounciation
Rule 18
(a) All survivors
must be notified of
the probate.
(b) Survivors may
renounce the
estate whether
testate or intestate.
Forms
P & A 98 to 102.
Procedure
Renounciation is
filed. No retraction
is permitted at a
later stage.
Rectification of Grant
Rule 14 (1)
(a) Rectification may be
(a)
12 Appeals
Section 50
Appeals lie from the
Magistrates' court to the
High Courts.
The decision is final.
Muslims estate can
appeal to the Court of
Appeal on a point of Law,
but with leave of the Court
(Section 50 LN 21/90.
13 Public Trustee
Where there is no one to
administer the estate of
the deceased, the public
trustee after 6 months
takes over the
administration by placing
a notice in the Kenya
Gazette.
After an expiry of such
notice the public trustee
applies for a grant in the
same procedure as
applied in the act as for
other litigants.
14 Trust Companies
Trust companies are provided for!