Grant of representation is the legal process by which a deceased person’s estate is administered and their assets are distributed to their heirs or beneficiaries.
The procedure for applying for a grant of representation is set out in section 51 of the Kenyan Law of Succession Act and Rules 7 to 14 of the Probate and Administration Rules.
In the first instance, one has to be eligible to apply for the grant as stipulated in section 66 of the Law of Succession Act which sets out the order of priority.
In the instance many of them qualify, any of them can apply for a grant but this is set to a maximum of four only as prescribed in section 56(1) (b) of the Act. In the instant case therefore the petitioner should fill in application forms attached with the requisite fees to the High Court Deputy Registrar who will examine the documents and present them before the judge who will grant them. The petitioner shall file the following forms:
- Form P & A 80 (petition)
- Form P & A 5 (affidavit)
- Form P & A 12 (affidavit of means)
- Form P & A 11 (affidavit of justification of proposed suits)
- Form P & A 57 ( guarantee of personal sureties)
- Death certificate (mandatory)
- Form P & A 38 (consent form)
The forms are available at the Court registry and can also be downloaded online from the judiciary website: www.judiciary.go.ke. Further, It should be noted that Form P & A 38 is only required where the children surviving the deceased are adults wherein their consent is required for purposes of obtaining the grant. Where the widow is applying alone, she is exempted from availing a surety; exempted from filing Forms 57 and 11).
- a) Petition in the appropriate form.
- b) Certificate of death (certified copy by the commissioner for Oaths).
- c) Affidavit in support of the Petition duly executed.
- d) Letter from the chief or any authority confirming the Beneficiaries of the deceased estate.
- e) Guarantors/sureties (where necessary).
- f) Banking slips for advertisement in the special issue of the Kenya Gazette (for full Grants).
- g) Evidence of ownership of assets (copies of title documents).
- h) Consent from adult beneficiaries not applying in cases of intestate succession.
- i) More than One (1) Petitioner to apply in the event that the estate comprises of minors.
- j) Original Will and two (2) copies in matters of testate succession.
- k) Certified true copy of grant for resealing of grant.
- l) Contact details: physical address, E-mail, telephone number, and postal address.
It will then be advertised in the Kenya gazette as a succession cause for a thirty (30) day period whereby any objections from persons who feel entitled to the estate. Objections are lodged by way of petition and they suspend the advertisement until their determination.
If there is no objection after thirty days the person whose name appeared on the cause gets a temporary grant for the administration of the deceased’s estate which lasts for six months during which this person is referred to as ‘personal representative’ and cannot distribute the estate of the deceased but collects and preserves the assets of the deceased.
After six months have elapsed from the date of the deceased’s death, one can petition the court for confirmation of the grant of letters of administration. Notice of petition or application for a grant must be given to every entitled person except for a limited grant.
Procedure For Applying For Grant Of Representation In Kenya.
In Kenya, the process for applying for a grant of representation can be summarized in the following steps:
- Obtain the necessary documents: You will need to obtain the following documents before you can begin the process of applying for a grant of representation:
- The death certificate of the deceased
- The original will (if there is one)
- An inventory of the deceased’s assets and liabilities
- Any other relevant documents, such as bank statements, property deeds, and insurance policies.
- Determine the appropriate court: You will need to determine which court has jurisdiction over the deceased’s estate. In Kenya, this will depend on the location of the deceased’s assets.
- File a petition: You will need to file a petition with the court requesting a grant of representation. The petition should include information about the deceased, their assets and liabilities, and the proposed distribution of their estate.
- Publish a notice: You will need to publish a notice of your intention to apply for a grant of representation in the Kenya Gazette and in a local newspaper.
- Attend a hearing: You will need to attend a hearing before the court to present your petition and any supporting documents. The court may ask for additional information or clarification before making a decision.
- Obtain the grant of representation: If the court is satisfied with your petition, they will issue a grant of representation. This document authorizes you to administer the deceased’s estate and distribute their assets according to the terms of the will or the rules of intestacy (if there is no will).
- Complete the administration of the estate: Once you have obtained the grant of representation, you will need to complete the administration of the estate. This includes collecting the deceased’s assets, paying any outstanding debts, and distributing the remaining assets to the beneficiaries.
It is important to note that the process for applying for a grant of representation in Kenya can be complex and time-consuming. You may wish to seek the advice of a legal professional to guide you through the process.
Causes of Objection To Confirmation Of Grant
In Kenya, an objection to confirmation of a grant of representation is a legal process by which an interested party can challenge the validity of a grant of representation that has been issued by a court. The objection may be based on a number of grounds, such as:
- Lack of capacity: If the deceased person lacked the mental capacity to make a will or understand the consequences of their actions, the grant of representation may be challenged.
- Undue influence: If there is evidence to suggest that someone exerted undue influence over the deceased person to make or alter their will, the grant of representation may be challenged.
- Fraud or forgery: If there is evidence to suggest that the will or other documents submitted to the court as part of the grant of representation process were fraudulently or falsely created, the grant of representation may be challenged.
- Conflict of interest: If the person who has been granted representation has a conflict of interest with respect to the estate, such as being a creditor or a beneficiary, the grant of representation may be challenged.
To make an objection to the confirmation of a grant of representation in Kenya, the interested party must file a formal objection with the court that issued the grant of representation. The objection should outline the grounds for the challenge and provide any evidence or supporting documentation that is available.
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Once the objection has been filed, the court will schedule a hearing to consider the challenge. The person who has been granted representation will have an opportunity to respond to the objection, and the court may request additional evidence or information before making a decision.
If the court upholds the objection, the grant of representation may be revoked and the administration of the estate may need to start over. If the court rejects the objection, the grant of representation will stand and the administration of the estate can proceed.
Confirmation Of Grant In Succession
In Kenya, confirmation of a grant in succession is the legal process by which a court confirms the validity of a grant of representation that has been issued for the administration of a deceased person’s estate.
The grant of representation may take the form of a grant of probate if the deceased person left a valid will, or a grant of letters of administration if there was no will or the will is invalid.
The purpose of the confirmation process is to ensure that the grant of representation was properly obtained and that the person who has been granted representation is authorized to administer the estate. The confirmation process involves the following steps:
- Filing of documents: The person who has been granted representation must file the grant of representation with the court and provide any other necessary documents, such as an inventory of the deceased person’s assets and liabilities.
- Publication of notice: The person who has been granted representation must publish a notice of their intention to apply for confirmation of the grant of representation in the Kenya Gazette and in a local newspaper.
- Hearing: The court will schedule a hearing to consider the application for confirmation of the grant of representation. The person who has been granted representation may be required to attend the hearing and provide any additional information or evidence that the court requests.
- Confirmation: If the court is satisfied that the grant of representation was properly obtained and that the person who has been granted representation is authorized to administer the estate, the court will confirm the grant of representation. This confirms that the administration of the estate can proceed.
Once the grant of representation has been confirmed, the person who has been granted representation can begin the process of administering the estate.
This includes collecting the deceased person’s assets, paying off any debts or taxes owed by the estate, and distributing the remaining assets to the beneficiaries according to the terms of the will or the rules of intestacy.
It is important to note that the administration of an estate can be complex and time-consuming, and it may be advisable to seek the advice of a legal professional to guide you through the process.