ADVOKS GLOBAL · KENYA
Law of Succession Act
51. Application for grant
Edition: 2022-12-31 · In force
51. Application for grant
(1)Every application for a grant of representation shall be made in such form as may be prescribed, signed by the applicant and witnessed in the prescribed manner.(2)An application shall include information as to—(a)the full names of the deceased;(b)the date and place of his death;(c)his last known place of residence;(d)the relationship (if any) of the applicant to the deceased;(e)whether or not the deceased left a valid will;(f)the present addresses of any executors appointed by any such valid will;(g)in cases of total or partial intestacy, the names and addresses of all surviving spouses, children, parents, brothers and sisters of the deceased, and of the children of any child of his or hers then deceased;(h)a full inventory of all the assets and liabilities of the deceased; and(i)such other matters as may be prescribed.(3)Where it is alleged in an application that the deceased left a valid will—(a)if it was written, the original will shall be annexed to the application, or if it is alleged to have been lost, or destroyed otherwise than by way of revocation, or if for any other reason the original cannot be produced, then either—(i)an authenticated copy thereof shall be so annexed; or(ii)the names and addresses of all persons alleged to be able to prove its contents shall be stated in the application;(b)if it was oral, the names and addresses of all alleged witnesses shall be stated in the application.(4)No omission of any information from an application shall affect the power of the court to entertain the application.