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LAW OF SUCCESSION ACT

LAWS OF KENYALAW OF SUCCESSION ACTCHAPTER 160 Revised Edition 2012 [2010]Published by the National Council for Law Reportingwith the Authority of the of SuccessionCAP. 160[Rev. 2012]Law of SuccessionCAP. 160L13-3[Issue 1]CHAPTER 160 LAW OF SUCCESSION ACTARRANGEMENT OF SECTIONSPART I of applicable to II capable of making wills and freedom of by will or caused by fraud, coercion importunity or of of oral of papers by of gift to attesting not disqualified by being validity of other , Alteration and may be revoked or of of will by testator s of obliteration, interlineation or alteration in of of of of testamentary , Remoteness and 160 Law of SUCCESSION [Rev.]

[Act No. 16 of 1977, Sch., Act No. 13 of 1978, Sch., Act No. 21 of 1990, Sch.] 3. Interpretation (1) In this Act, except where the context otherwise requires— "active service" means service with the armed forces or merchant marine on a field of military operations or at sea, or proceeding to or from or such field

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Transcription of LAW OF SUCCESSION ACT

1 LAWS OF KENYALAW OF SUCCESSION ACTCHAPTER 160 Revised Edition 2012 [2010]Published by the National Council for Law Reportingwith the Authority of the of SuccessionCAP. 160[Rev. 2012]Law of SuccessionCAP. 160L13-3[Issue 1]CHAPTER 160 LAW OF SUCCESSION ACTARRANGEMENT OF SECTIONSPART I of applicable to II capable of making wills and freedom of by will or caused by fraud, coercion importunity or of of oral of papers by of gift to attesting not disqualified by being validity of other , Alteration and may be revoked or of of will by testator s of obliteration, interlineation or alteration in of of of of testamentary , Remoteness and 160 Law of SUCCESSION [Rev.]

2 2012][Issue 1]L13-4 PART III PROVISIONS FOR for dependants not adequately provided for by will or on of court in making to be taken into account by court in making of of IV GIFTS IN CONTEMPLATION OF V applicable to excluded of intestate has left one surviving spouse and child or intestate has left one surviving spouse but no child or of spouse during life intestate has left a surviving child or children but no intestate has left no surviving spouse or intestate was devolving upon child to be held in benefits

3 To be brought into VI of VII ADMINISTRATION OF of intermeddling with property of deceased of officers in relation to protection, etc. of deceased s of High of jurisdiction of to High to make for for and reckless statements in application for and of distribution of capital before confirmation of grant.[Rev. 2012]Law of SuccessionCAP. 160L13-5[Issue 1]Persons Entitled to a grant to certain to body of administrators where there is a continuing of where there are several of codicil after grant of grant of administration until citation issued to of administration to universal or residuary to administration of representative of deceased residuary of administration where no executor nor residuary legatee nor representativeof to be given to certain persons to administer where deceased on of application for to after notice and of of of not to

4 Be confirmed in certain of court to give notice to holder of grant to apply for and Revocation of may be rectified by where codicil discovered after trust or annulment of of Commonwealth and Foreign of Commonwealth and foreign or copy of foreign grant to have same effect as and Duties of Personal of deceased to vest in personal grant takes and duties of personal representatives to vest in survivor on death of oneof of personal of personal representatives to act as trustees in certain necessary to complete legatee s to be paid before representatives not bound to pay legacies without 160 Law of SUCCESSION [Rev.]

5 2012][Issue 1] and refunding of of funds to provide for legacies and interest on of assets from Kenya to personal representatives in country of domicile of persons acting on of transfer not affected by revocation of or misapplication of assets by personal by personal VIII murderer not to share in victim s SCHEDULE CONSTRUCTION OF WILLSSECOND SCHEDULE FAILURE OF TESTAMENTARY DISPOSITIONSTHIRD SCHEDULE ELECTIONFOURTH SCHEDULEREPEALEDFIFTH SCHEDULE FORMS OF LIMITED GRANTSIXTH SCHEDULE ABATEMENT AND REFUNDING OF LEGACIESSEVENTH

6 SCHEDULE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES AND INTERESTON LEGACIESEIGHTH SCHEDULE LAWS REPEALEDNINTH SCHEDULE LAWS AMENDED[Rev. 2012]Law of SuccessionCAP. 160L13-7[Issue 1]CHAPTER 160 LAW OF SUCCESSION ACT[Date of assent: 13th November, 1972.][Date of commencement: 1st July, 1981.]An Act of Parliament to amend, define and consolidate the law relatingto intestate and testamentary SUCCESSION and the administration ofestates of deceased persons; and for purposes connected therewith andincidental thereto[Act No. 14 of 1972, Act No.]

7 7 of 1975, Act No. 8 of 1976, 256/1976, ActNo. 16 of 1977 , Act No. 13 of 1978, Act No. 10 of 1981, 93/1981, ActNo. 6 of 1984; Act No. 19 of 1984, Act No. 18 of 1986, Act 21 of 1990.]PART I PRELIMINARY1. Short titleThis Act may be cited as the Law of SUCCESSION Application of Act(1) Except as otherwise expressly provided in this Act or any other written law,the provisions of this Act shall constitute the law of Kenya in respect of, and shallhave universal application to, all cases of intestate or testamentary SUCCESSION tothe estates of deceased persons dying after, the commencement of this Act andto the administration of estates of those persons.

8 (2) The estates of persons dying before the commencement of this Actare subject to the written laws and customs applying at the date of death, butnevertheless the administration of their estates shall commence or proceed so faras possible in accordance with this Act.(3) Subject to subsection (4), the provision of this Act shall not apply totestamentary or intestate SUCCESSION to the estate of any person who at the timeof his death is a Muslim to the intent that in lieu of such provisions the devolutionof the estate of any such person shall be governed by Muslim law.

9 (4) Notwithstanding the provisions of subsection (3), the provisions of Part VIIrelating to the administration of estates shall where they are not inconsistent withthose of Muslim law apply in case of every Muslim dying before, on or after the1st January, 1991.[Act No. 16 of 1977 , Sch., Act No. 13 of 1978, Sch., Act No. 21 of 1990, Sch.]3. Interpretation(1) In this Act, except where the context otherwise requires "active service" means service with the armed forces or merchant marineon a field of military operations or at sea, or proceeding to or from or such fieldor sea, or under orders to proceed to such field or sea, or in being in some placefor the purpose of proceeding to such field or sea;CAP.

10 160 Law of SUCCESSION [Rev. 2012][Issue 1]L13-8"administrator" means a person to whom a grant of letters of administrationhas been made under this Act;"agricultural land" means land used for agricultural purposes which isnot within a municipality or a township or a market but does not include landregistered under the provisions of any written law;"authorized investment", with reference to the investment of any fund,means an investment of such type as is authorized for investment of that fundby any will applying thereto, or as is for the time being authorized by any writtenlaw for the investment of trust funds.


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