ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
13. Testamentary guardianship by deed
Edition: 2024-10-18 · In force
13. Testamentary guardianship by deed
(1)A parent or guardian of a child may make a deed appointing any person to be the guardian of the child in the event of such parent’s or guardian’s death.(2)A deed under this rule shall—(b)be dated and signed by the person making the appointment in the presence of two competent witnesses;(c)bear the name and signature of the person making the appointment;(d)bear the names and signatures of the witnesses attesting to the signature of, and at the direction of the person making the appointment;(e)contain the details of the child and of the person appointed as testamentary guardian;(f)indicate the place where the deed was made;(g)express a clear intention to appoint a testamentary guardian for the child upon the death of the person making the appointment;(h)indicate whether there has been previous appointment of a guardian in respect of the same child, and whether or not the appointment revokes a previous appointment, if any;(i)contain a clause indicating that the person appointed as testamentary guardian has accepted the appointment;(j)be made at the time when the appointing guardian or parent is competent to make the deed;(k)indicate whether there is any surviving parent or guardian of the child other than the person making the deed.(3)The provisions in subrule (2) relating to execution and attestation shall apply to the procedure on amendment of a deed made under these Rules.