Critique of the constitutionality of the law of succession. The administration of estates by corporations act 9. Frequenty asked questions on succession and inheritance. This court hears all proceedings relating to the estate of the deceased and follows the procedures and provisions of the law of succession act. Angawa, judge of the high court of kenya 2005 types of grants there are different types of grants. These rules implement provisions of the law of succession act and provide for matters of succession to and protection and administration of property of a deceased person. Intestate succession act national assembly of zambia.
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 shall have universal application to, all cases of intestate or testamentary. Kenya citizenship act chapter 170 kenya citizenship act chapter 170 kenya citizenship act, cap 170 local government act chapter 265 maseno university act, 2000 mohammedan marriage and divorce registration act chapter 155 national assembly powers and privileges act national flag, emblems and names chapter 99. Countryterritory kenya document type legislation date 1972 1990 source fao, faolex long title an act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased persons. Download a pdf copy by clicking on the download link below. One redeeming feature is that the laws relating to administration of estates do apply to muslim estates and that succession to a muslim estate is no longer linked to marriage.
If and when the rclsa is promulgated into law, it, too, will be relevant for determining south africas intestate succession laws. A free powerpoint ppt presentation displayed as a flash slide show on id. May 15, 2017 in kenya however, we have cap 160 which is the law of succession act and which is of general application. The law of succession act was passed with the intention of merging and consolidating all the four systems of law of succession and their support legislation into one comprehensive statute in order to. If the law of a foreigners nationality states that the applicable law for inheritance of immovable property located in kenya is nonkenyan law, then kenyan law still takes precedence. Introduction to law i december 2005 question papers 7891. Investment of funds to provide for legacies and interest on legacies. The law of succession act chapter 160, laws of kenya. Dissertation at a glance equality under the succession act cap 160. This act may be cited as the succession, probate and administration act and shall be construed as one with the supreme court act.
Dissertation at a glance equality under the succession act. Kenya law of succession kenya law reports kenya laws. Court may require to be satisfied as to solvency of administrator. Kenya in respect of, and shall have universal application to, all cases of of 1978, intestate or testamentary succession to the estates of deceased persons sch. An act to provide a uniform intestate succession law that will be applicable throughout the country. The kenyan womans place in succession haki blogkituo cha. According to section 45 of the law of succession act, cap.
Section 21 of the act applies the law of succession act universally to all in kenya, except for those cases where different laws are applied by the act itself or through any other written law. Laws of kenya the law of succession act paula njeri. The said application to confirm under section 7 of the law of succession act and rule 40 of the probate and administration rules. Transfer of assets from kenya to personal representatives in country of domicile for distribution. Laws of kenya the law of succession act chapter 160 revised edition 2010 1981 published by the national council for law reporting with the authority of the attorney general 2 cap. Published by the national council for law reporting with the authority of the attorney general. The court is moved under summons, with an accompanying affidavit in support.
The interaction of legal systems is complex and often engenders conflict and competition. Because there are four marriage systems in kenya, namely. Succession act 1906 uganda legal information institute. While the intestate succession act is important, one cannot discount case law when determining the rules of intestate succession. Revised edition 2010 2007 published by the national council for law reporting with the authority of the attorney general. This paper can be downloaded in pdf format from ielrcs website at. The law of succession act cap 160 provides for persons that can inherit the property of a deceased person under section 29 as dependants which include. The law of succession act cap 160 of the laws of kenya types of grant by lady justice m. Ppt the law of succession act cap 160 of the laws of kenya. The law of succession act cap 160 provides for persons that can inherit the. Law of succession act is the law regulating the inheritance of property in kenya. In the affidavit sworn by the petitioners in support to the petition for letters of administration intestate that was filed on th july 2001 the value of the estate was estimated at kshs.
The need to reconcile customary law and womens rights kenya is a legally plural state where several different legal and normative systems operate alongside each other. An act to consolidate and amend the law relating to succession, probate and administration of estates of deceased persons 2 july 1970 part ipreliminary. Process of applying for grant for testate and intestate in kenya applicable law. Ang awa, judge of the high court of kenya 2005 types of grants there. The law of succession act in an attempt to promulgate the inheritance laws of kenya it has solved a number of issues arising from inheritance conflicts. Published by the national council for law reporting with the. Types of grants the law of succession actcap 160 of the. There are other laws which apply such as islamic laws and customary laws which are fortunately or unfortunately exempted by the act but still apply informally in practice. This act may be cited as the law of succession act. As for the kenya law of succession act, the bill was passed in 1972 but because some of its provisions were dependent on the marriage act it had to wait until the marriage bill was passed e. An act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of. Get law of succession in south africa pdf file for free on our ebook library pdf file. This is an application dated 24th november, 2011 brought under section 45 of the laws of succession act, cap.
Act to constitute the law of uganda in cases of succession. The law of succession act chapter 160, laws of kenya probate and administration rules cap 160 sub leg probate and all things succession is divided into. An act of parliament to promote the standardisation of the specification of commodities, and to provide for the standardisation of commodities and codes of practice. Chapter 160 law of succession act subsidiary legislation list of subsidiary legislation page 1. The kenya law of succession prescribes the rules which determine what ought to. Until 1 st july 1981, there were four systems of law of succession in kenya applying to the four different socioethnic groups of people in kenya. The law of succession act is the general law of succession in kenya. January 16, 2018 the revised succession act has done a good job in trying to harmonize the customary succession laws, with that of the current succession laws, however quite a number of gaps have been left out and in particular with regard to equality in the laws.
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