Act No: CAP. 160
Act Title: LAW OF SUCCESSION
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE PROBATE AND ADMINISTRATION RULES, 1980

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation and commencement

2.

Interpretation

PART II – THE REGISTRIES

3.

Probate registries

4.

Duties of district registrars in relation to principal registry

5.

Record of grants to be maintained at principal registry

6.

Depository for wills of living persons

PART III – APPLICATIONS FOR GRANTS OF REPRESENTATION

7.

Application for grant: general provisions

8.

Application for grant made through advocate

9.

Personal application for grant

10.

Application for order presuming death

11.

Application for grant in additional names

12.

Application for limited grant under Fifth Schedule to the Act

13.

Application for proof of oral will

14.

Amendment or withdrawal of application for grant

PART IV – CAVEATS AND OBJECTIONS TO APPLICATIONS FOR THE MAKING OR CONFIRMING OF GRANTS

15.

Caveats, objections and warnings

16.

Notice to court of facts relevant to application for grant

17.

Objections, answers and cross-applications

PART V – RENUNCIATION

18.

Renunciation of probate or of right to apply for administration

19.

Where one of several executors neither renounces nor applies for grant

20.

Death of executor who has not renounced

PART VI – CITATIONS

21.

Citations generally

22.

Citation to accept or refuse or to take a grant

23.

Citation to propound a document as a will

24.

Order to bring in a will or to attend for examination

PART VII – MAKING OF GRANTS

25.

Signing, sealing and issue of grants

26.

Grants of letters of administration

27.

Exceptions to rules as to priority

28.

Grant where deceased died domiciled outside Kenya

29.

Court may require to be satisfied as to solvency of administrator

30.

Evidence of foreign law

31.

Grant to attesting witness

32.

Grant intestate on behalf of infant

33.

Grant where infant a co-executor

34.

Infant’s right to probate not to be renounced on his behalf

35.

Grant to trust corporation

36.

Grant ad colligenda bona under s. 67 of the Act

37.

Temporary grant by resident magistrate under s. 49 of the Act

38.

Grant under rule 36 or 37 not to prejudice making of full grant

39.

Right of assignee to a grant

PART VIII – CONFIRMATION, SEALING, RECTIFICATION AND REVOCATION OF GRANTS

40.

Application for confirmation of grant

41.

Hearing of application for confirmation

42.

Sealing of grant issued in another country

43.

Rectification of grant

44.

Revocation or annulment of grant

PART IX – APPLICATIONS UNDER SPECIAL PROVISIONS OF THE ACT

45.

Application under s. 26 of the Act

46.

Application under s. 35(3) of the Act

47.

Applications under s. 61(1) or 75 of the Act

48.

Application under s. 61(2) of the Act

49.

Applications not otherwise provided for

PART X – PROVISIONS RELATING TO WILLS

50.

Wills registers

51.

Retention of original wills of deceased

52.

Marking of wills and furnishing of translations

53.

Engrossment of wills for purposes of record

54.

Evidence as to due execution of written will

55.

Evidence as to terms, conditions and date of execution of written will

56.

Apparent revocation of written or oral will

57.

Affidavit of facts relative to rules 54, 55 and 56

PART XI – LITIGIOUS PROCEEDINGS

58.

Title and cause number of proceedings

59.

Form of proceedings

60.

Entry of appearance

61.

Application to be considered by registrar

62.

Registrar may hear application or transfer it to court

63.

Application of Civil Procedure Rules and High Court (Practice and Procedure) Rules

64.

Application of African customary law

PART XII – MISCELLANEOUS PROVISIONS

65.

Service of documents

66.

Affidavits

67.

Enlargement of time

68.

Official copies of wills, grants and other documents

69.

Costs

70.

Forms

71.

Court fees

72.

Application of Rules to pending proceedings

73.

Saving of inherent powers of court

74.

Revocation

SCHEDULES

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE