Law of Succession Act, 1972 🇰🇪

Kenya

Preface

1. Short title

2. Application of Act

Subsection (1)

Subsection (2)

Subsection (3)

Subsection (4)

3. Interpretation

Subsection (1)

Subsection (2)

Subsection (3)

Subsection (4)

Subsection (5)

4. Law applicable to succession

Subsection (1)

Subsection (2)

Part II – WILLS

5. Persons capable of making wills and freedom of testation

6. Appointment by will of executor

7. Wills caused by fraud, coercion, importunity or mistake

8. Form of wills

9. Oral wills

+16 more sections

Part III – PROVISION FOR DEPENDANTS

26. Provision for dependants not adequately provided for by will or on intestacy

27. Discretion of court in making order

28. Circumstances to be taken into account by court in making order

29. Meaning of dependant

30. Limitation of time

Part IV – GIFTS IN CONTEMPLATION OF DEATH

31. Characteristics

Part V – INTESTACY

32. Excluded property

33. Law applicable to excluded property

34. Meaning of intestacy

35. Where intestate has left one surviving spouse and child or children

36. Where intestate has left one surviving spouse but no child or children

+6 more sections

Part VI – SURVIVORSHIP

43. Presumption of survivorship

Part VII – ADMINISTRATION OF ESTATES

44. Application of Part

45. No intermeddling with property of deceased person

46. Duties of officers in relation to protection, etc., of deceased's property

47. Jurisdiction of High Court

48. Jurisdiction of Magistrates

+50 more sections

Part VIII – MISCELLANEOUS

96. Sane murderer not to share in victim's estate

97. Rules

98. Transitional

99. Repeal

100. Amendments

+1 more sections

FIRST SCHEDULE

1. Wording of will

2. Meaning of clause to be collected from entire will

3. Will speaks from death as to property comprised in it

4. Negative words insufficient to exclude person entitled on intestacy

5. Express gift cannot be controlled by reason assigned, etc.

+73 more sections

SECOND SCHEDULE

1. Principle of lapse

2. Exceptions

3. Gift to several named persons

4. Charges of gifts on gifts

5. Lapse of limited interests

+9 more sections

THIRD SCHEDULE

1. Principle of election

2. Where property belongs to more than one person

3. Testator's ignorance immaterial

4. Legatee's ignorance material

5. Implied election

+4 more sections

FOURTH SCHEDULE

FIFTH SCHEDULE

1. Probate of copy or draft of lost will

2. Probate of copy where original exists

3. Administration until will produced

4. Administration, with will annexed to attorney of absent executor

5. Administration with will annexed to attorney of absent person who if present would be entitled to administer

+16 more sections

SIXTH SCHEDULE

1. Abatement of general legacies

2. Non-abatement of specific legacy when assets sufficient to pay debts

3. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses

4. Rateable abatement of specific legacies

5. Distribution after notice

+6 more sections

SEVENTH SCHEDULE

1. Investment of sum bequeathed where general legacy given for life

2. Investment of general legacy to be paid at future time

3. Transfer to residuary legatee subject to contingent gift

4. Investment of residue bequeathed for life without direction to invest in particular securities

5. Interest payable pending conversion and investment

+6 more sections

EIGHTH SCHEDULE

NINTH SCHEDULE

REPUBLIC OF KENYA

Law of Succession Act, 1972

Act 14 of 1972

Assented to on 13 November 1972
Commenced on 1 July 1981
[This is the version of this document from 1 July 1981.]

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; and for purposes connected therewith and incidental thereto.

1. Short title

This Act may be cited as the Law of Succession Act.

2. 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 succession to the estates of deceased persons dying after the commencement of this Act and to the administration of estates of those persons.

(2)The estates of persons dying before the commencement of this Act are subject to the written laws and customs applying at the date of deat…

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Law of Succession Act, 1972 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Law of Succession Act, 1972

Act 14 of 1972

1. Short title

2. Application of Act

Read the Full Legislation on judy.legal