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State and explain the circumstances under which the court may make a limited grant of administration as provided under the law of succession.

State and explain the circumstances under which the court may make a limited grant of
administration as provided under the law of succession.

Answers

Maurice
A court of law may make a limited grant either in terms of time or purpose in certain
circumstances.
(i) Where a will has been lost or mislaid since the testators death or has been destroyed
by wrong or accident but a copy thereof has been preserved.

(ii) Where the will is in the possession of a person residing outside Kenya who has
refused or neglected to deliver the same but has transmitted a copy to the executor.

(iii) Where there is no will forthcoming but there is reason to believe that there is one in
existence.

(iv) Where the executor is absent from Kenya and none other is willing to act, a grant
may be granted to the attorney of the executor for the use and benefit of his
principal.

(v) Where any person to whom, if present, letters of administration might be granted is
absent from Kenya, the same may be made to his attorney.

(vi) Where person entitled to administration in the case of intestacy is absent from
Kenya and no person equally entitled is willing to act letters of administration may
be granted to the attorney of the person.

(vii) Where there are two or more minor executors and none has attained the age of majority the grant is limited until one of them attains full age.

(viii) Where there is a pending suit touching on the validity of the will of the deceased
person or for obtaining or revoking any probate or any grant of letters of
administration (administration pendente lite).

(ix) Where an executor is appointed for any limited purpose specified in the will the grant shall be limited for that purpose.

(x) Where an executor appointed generally gives authority to an attorney to prove a will
on his behalf and such authority is limited to a particular purpose the letters of
administration shall be accordingly limited.

(xi) Where a person dies leaving property of which he was the sole or surviving trustee
or had no beneficial interest on it in his own account and leaves no general
representative or one who is unable or unwilling to act a limited grant may be made
to the person beneficiary interested in the property or some other person on his
behalf.
maurice.mutuku answered the question on May 1, 2018 at 07:25

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