Applying for a grant of representation in Kenya

Applying for a Grant of Representation in Kenya

The procedure of applying for a grant of representation in Kenya is governed by the Law of Succession Act (Cap 160) and the Probate and Administration Rules. These legal provisions outline the steps required to obtain a grant, which is necessary for administering the estate of a deceased person.

Legal Basis for Applying for a Grant of Representation in Kenya

The primary law governing the application for a grant of representation in Kenya is found in Section 51 of the Law of Succession Act. Further details of the application procedure are contained in Rules 7 to 14 of the Probate and Administration Rules. These laws ensure that the estate of a deceased individual is handled in an orderly and lawful manner.

Applying for a Grant of Representation in Kenya? Who can apply?

Before applying for a grant of representation in Kenya, it’s essential to determine eligibility. Section 66 of the Law of Succession Act sets out the order of priority for those entitled to apply for a grant. Typically, the following individuals are eligible:

1. The surviving spouse or spouses of the deceased.
2. Children of the deceased.
3. Parents of the deceased.
4. Siblings of the deceased.
5. Other relatives, in the absence of the above.

If multiple people qualify for the grant, up to four of them may apply jointly, as prescribed by Section 56(1)(b) of the Act.

Forms Required for the Application of a Grant of Representation in Kenya

To initiate the application process of a grant of representation in Kenya, the petitioner (applicant) must complete several forms and submit them to the High Court. The necessary forms, along with the prescribed fees, are submitted to the Deputy Registrar, who reviews the documents before presenting them to a judge for approval.

The following forms must be filed:

1. Form P & A 80 (Petition for Letters of Administration)
2. Form P & A 5 (Affidavit in Support of the Petition)
3. Form P & A 12 (Affidavit of Means)
4. Form P & A 11 (Affidavit of Justification of Proposed Sureties)
5. Form P & A 57 (Guarantee of Personal Sureties)
6. Death Certificate (a certified copy of the deceased’s death certificate)
7. Form P & A 38 (Consent Form for Adult Beneficiaries)

These forms can be obtained from the Court Registry or downloaded from the Judiciary of Kenya website at www.judiciary.go.ke.

Special Considerations for Form P & A 38

Form P & A 38 is only required if the deceased’s children are adults. In such cases, the children must provide their consent for the grant to be issued. If the widow or widower of the deceased is applying alone, they are exempted from filing Form P & A 57 (Guarantee of Personal Sureties) and Form P & A 11 (Affidavit of Justification of Sureties).

Other Documents Required

In addition to the forms, the following documents and requirements must be met:

1. Death Certificate (Certified by a Commissioner for Oaths)
2. Affidavit in Support of the Petition
3. Letter from the Chief or another recognized authority confirming the beneficiaries of the deceased’s estate.
4. Guarantors/Sureties (where required).
5. Banking slips for advertisement fees for publication in the Kenya Gazette (applicable for full grants).
6. Evidence of Ownership of Assets (such as title deeds, bank statements, or share certificates).
7. Consent from Adult Beneficiaries not applying for the grant (required in intestate succession cases).
8. Multiple Petitioners to apply if the estate includes minor children.
9. Original Will (and two certified copies) if the deceased left a will (applicable in testate succession).
10. Certified True Copy of a Grant (required for resealing grants from other jurisdictions).
11. Contact Information (including physical address, email, phone number, and postal address).

Advertisement in the Kenya Gazette

Once the forms and documents are filed, the petition is advertised in the Kenya Gazette. This announcement serves as a notification to the public, allowing any individuals with claims to the estate to raise objections. The law mandates that the succession cause be advertised for a 30-day period.

During this time, any person who feels they are entitled to the estate can lodge an objection. The objection must be filed in the form of a petition and will temporarily suspend the grant process until the matter is resolved.

Temporary Grant of Letters of Administration

If no objections are filed within 30 days, the court will issue a Temporary Grant of Letters of Administration. This grant allows the personal representative (the person named in the grant) to collect and preserve the assets of the deceased. However, it is important to note that the personal representative cannot distribute the estate at this stage. The temporary grant is valid for six months, after which the personal representative can apply for the confirmation of the grant.

Confirmation of Grant of Letters of Administration

After six months have passed since the date of death, the personal representative can petition the court for the Confirmation of the Grant. The personal representative must give notice of the petition to all persons entitled to a share in the deceased’s estate, as outlined in Section 67 of the Law of Succession Act and Rule 26 of the Probate and Administration Rules. This notice ensures that all beneficiaries and interested parties are informed before the grant is confirmed.

Do you need to apply for a grant of representation in Kenya?

If you have any questions regarding obtaining a grant in Kenya, feel free to email us at info@swkadvocates.com. Please note that this article is for informational purposes only and does not constitute legal advice. Always seek competent legal counsel when dealing with matters of succession.