ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
15. Subsequent testamentary instruments
Edition: 2024-10-18 · In force
15. Subsequent testamentary instruments
(1)A parent or guardian who has made a testamentary instrument under these Rules may make a subsequent instrument appointing another person either as an additional testamentary guardian, or replacing the guardian initially appointed.(2)A subsequent testamentary instrument appointing a different person as testamentary guardian may be made—(a)where the person appointed—(i)predeceases the appointing parent or guardian; or(ii)becomes incapable of discharging the duties of a guardian; or(b)where the testamentary instrument earlier made has been revoked.(3)Subject to the provisions of the law governing testamentary instruments, a subsequent testamentary instrument made under this rule whose purpose, either by express provision or by necessary implication, is to appoint an additional guardian shall not be deemed to have revoked the initial testamentary instrument.(4)The subsequent testamentary instrument shall contain a reference to the earlier instrument, as well as a statement indicating if the latter appointment revokes the appointment made in the testamentary instrument earlier made.(5)The form, validity, and procedure for the making of an instrument under this rule shall be governed by the same provisions in these Rules governing the making of testamentary instruments.