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FAQ Succession & Estate Planning

The Grant of Probate in Kenya

By 5 Sep 2021No Comments

FAQ’s

The Grant of Probate in Kenya

What is an application for grant of probate in Kenya?

  • Probate is a grant of representation to executors named in the will –or if no executor is named in the will, a grant of representation to the administrator entitled to be appointed under law.
  • Grant of probate allows the executor/administrator to administer the estate and make distribution of bequests to beneficiaries named under the will and if necessary administer any trusts formed under the will.

Where can I find the Probate Rules in Kenya?

Probate rules are contained in the Probate and Administration Rules under the Law of Succession Act and guide you on where to file for a grant of representation depending on inter alia the net value of the estate; the appropriate forms to use; the procedure to contest a will; how to get the grant certified; how to object to a grant of representation to a particular person; court fees etc.

What P & A forms can I use in Kenya to obtain a full grant of representation?

File a petition for a grant using the requisite forms found in the Probate and Administration Rules. There are different Petitions to be filed found in Forms 78-83 and 85-97A depending your circumstances e.g., the presence of the will and whether the deceased died intestate. All other forms are all found in these Rules.

When can I apply for the revocation of grant of probate in Kenya?

One may apply for this if the proceedings to obtain the grant were defective in substance; the grant was obtained fraudulently by making a false statement; or the grantee has failed to confirm the grant within the requisite period.

Lawyer to draft a will and contest a will?

  • Get in touch with Koya & Company Advocates, Nairobi, Kenya to discuss your needs to prepare your will, challenge the validity of a will or contest a will. If a will is contested it is termed contentious probate.

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