Law of succession act cap 160 laws of kenya pdf

Because there are four marriage systems in kenya, namely. Published by the national council for law reporting with the. 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. Chapter 160 law of succession act subsidiary legislation list of subsidiary legislation page 1. Dissertation at a glance equality under the succession act. 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. 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.

Law of succession act is the law regulating the inheritance of property in kenya. This paper can be downloaded in pdf format from ielrcs website at. 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. Ang awa, judge of the high court of kenya 2005 types of grants there. The interaction of legal systems is complex and often engenders conflict and competition.

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. Published by the national council for law reporting with the authority of the attorney general. Angawa, judge of the high court of kenya 2005 types of grants there are different types of grants. The law of succession act cap 160 came into force in 1981 and was meant to create a single legal succession regime applying uniformly to all kenyans. View notes types of grants from finance 401 at university of nairobi. If and when the rclsa is promulgated into law, it, too, will be relevant for determining south africas intestate succession laws. The said application to confirm under section 7 of the law of succession act and rule 40 of the probate and administration rules. Revised edition 2010 2007 published by the national council for law reporting with the authority of the attorney general. 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. Intestate succession act national assembly of zambia. 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. Transfer of assets from kenya to personal representatives in country of domicile for distribution. Download a pdf copy by clicking on the download link below.

An act to consolidate and amend the law relating to succession, probate and administration of estates of deceased persons 2 july 1970 part ipreliminary. 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. According to section 45 of the law of succession act, cap. 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. The kenya law of succession prescribes the rules which determine what ought to. 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. 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. 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.

An act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of. This act may be cited as the succession, probate and administration act and shall be construed as one with the supreme court act. Investment of funds to provide for legacies and interest on legacies. To expedite the application of the law of succession act. Except as provided by this act, or by any other law for the time being in force, the provisions in this act shall constitute the law of uganda applicable to all cases of intestate or testamentary succession. Ppt the law of succession act cap 160 of the laws of kenya. 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. Court may require to be satisfied as to solvency of administrator.

Act to constitute the law of uganda in cases of succession. 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. 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. List of subsidiary legislation subsidiary legislation rev. This court hears all proceedings relating to the estate of the deceased and follows the procedures and provisions of the law of succession act. This act may be cited as the law of succession act. A free powerpoint ppt presentation displayed as a flash slide show on id. Succession act 1906 uganda legal information institute. 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. 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. Process of applying for grant for testate and intestate in kenya applicable law. The administration of estates by corporations act 9. The law of succession act is the general law of succession in kenya.

Kenya law of succession kenya law reports kenya laws. The law of succession act cap 160 provides for persons that can inherit the. Frequenty asked questions on succession and inheritance. 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. The law of succession act cap 160 of the laws of kenya 3. Dissertation at a glance equality under the succession act cap 160. Laws of kenya the law of succession act paula njeri. Types of grants the law of succession actcap 160 of the. This is an application dated 24th november, 2011 brought under section 45 of the laws of succession act, cap. 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. Introduction to law i december 2005 question papers 7891. Section 35 of the law of succession act, in confusing terminology, states that subject to the provisions of section 40, where an intestate has.