Public Trustee Act
This Act may be cited as the Public Trustee Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 168
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Public Trustee Act. Lists 'a manager, administrator, executor or trustee'. Defines a person as someone who is no longer in communication or contact with those persons who the missing person would likely or ordinarily be in communication or contact with. Section 3 is repealed by ActNo. 6 of 2018, s. 4. If a provision of this Act conflicts with the Law of Succession Act (Cap. 160), the provisions of this Act prevail unless the Law of Succession Act expressly provides otherwise.
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Provisions of Public Trustee Act
Showing 38 of 38
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
AI-assisted research summary: This Act may be cited as the Public Trustee Act.
Section 1. Short title Section This Act may be cited as the Public Trustee Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines a person as someone who is no longer in communication or contact with those persons who the missing person would likely or ordinarily be in communication or contact with.
Section 2. Interpretation Section who is no longer in communication or contact with those persons who the missing person would likely or ordinarily be in communication or contact with; or - 2A Verify source ↗
PRELIMINARY - 2A. Objects of the Act
AI-assisted research summary: Lists 'a manager, administrator, executor or trustee'.
Section 2A. Objects of the Act Section a manager, administrator, executor or trustee; - 3 Verify source ↗
PRELIMINARY - 3.[Repealed by ActNo. 6 of 2018, s. 4.]
AI-assisted research summary: Section 3 is repealed by ActNo. 6 of 2018, s. 4.
Section 3.[Repealed by ActNo. 6 of 2018, s. 4.] - 4 Verify source ↗
PRELIMINARY - 4. Provisions of this Act to prevail
AI-assisted research summary: If a provision of this Act conflicts with the Law of Succession Act (Cap. 160), the provisions of this Act prevail unless the Law of Succession Act expressly provides otherwise.
Section 4. Provisions of this Act to prevail Section Where there is a conflict between any of the provisions of this Act and those of the Law of Succession Act ( Cap. 160 ), the provisions of this Act shall prevail, unless it is expressly provided to the contrary in the Law of Succession Act ( Cap. 160 ). [Act No. 10 of 1976 , s. 4.] - 5 Verify source ↗
PRELIMINARY - 5. Appointment of Public Trustee
AI-assisted research summary: The Attorney-General may appoint a Public Trustee and may appoint Deputy and Assistant Public Trustees; any Deputy or Assistant appointed must be able to carry out the Public Trustee's duties and powers (subject to the Public Trustee's orders) and have the same privileges and liabilities as the Public Trustee.
Section 5. Appointment of Public Trustee Section The Attorney-General may appoint a fit and proper person to be Public Trustee (hereinafter referred to as the Public Trustee), and may also appoint one or more Deputy Public Trustees and one or more Assistant Public Trustees to assist the Public Trustee; and any Deputy or Assistant so appointed shall, subject to any general or special orders of the Public Trustee, be competent to discharge any of the duties and to exercise any of the powers of the Public Trustee, and when discharging those duties or exercising those powers shall have the same privileges and be subject to the same liabilities as the Public Trustee. [Act No. 28 of 1961 , Sch., L.N. 168/1964, Sch., Act No. 11 of 1993 , Sch., Act No. 6 of 2018 , s. 5.] - 5A Verify source ↗
PRELIMINARY - 5A. Qualification for appointment as a public trustee
AI-assisted research summary: Qualification: at least fifteen years' experience as a legal practitioner or being a distinguished academic in the legal field.
Section 5A. Qualification for appointment as a public trustee Section has at least fifteen years' experience as a legal practitioner or is a distinguished academic in the legal field; or - 5B Verify source ↗
PRELIMINARY - 5B. Office of the Public Trustee to be a body corporate
AI-assisted research summary: The Office of the Public Trustee is established as a body corporate with perpetual succession and a common seal.
Section 5B. Office of the Public Trustee to be a body corporate Section shall be a body corporate with perpetual succession and a common seal; - 5C Verify source ↗
PRELIMINARY - 5C. Missing persons
AI-assisted research summary: A court may only grant orders or consent to disposal of a missing person's property where the total value does not exceed 250,000 shillings or ten percent of the estate, whichever is lower; members of the Kenya Defence Forces are exempt from this section.
Section 5C. Missing persons Section 5C(1)(a) declare the person to be a missing person; and Section 5C(1)(b) part of the property of the missing person; or Section 5C(1)(b)(i) part of the property of the missing person; or Section 5C(1)(b)(ii) the missing person's property generally. Section 5C(2)(a) administer and may with the consent of the court sell, dispose of or otherwise deal with the property or any portion of it; and Section 5C(2)(b) money that the missing person might otherwise have been liable to pay; and Section 5C(2)(b)(i) money that the missing person might otherwise have been liable to pay; and Section 5C(2)(b)(ii) a spouse or dependant of the missing person; Section 5C(3)(a) on production of the order or a certified copy of the order referred to in subsection (1); and Section 5C(3)(b) on production of an instrument effecting a disposition of immovable property under subsection (2), Section 5C(4)(a) where the missing person is located, return the property to the person; or Section 5C(4)(b) where it is determined that the missing person is deceased, administer the estate or transfer the property to the personal representative of the person's estate. Section 5C(5) Where a court is seized of an application under this section, the court may only grant an order or consent to the sale, charge, transfer, exchange or disposal of any property if the total value does not exceed two hundred and fifty thousand shillings or ten percent of the gross value of the estate of the missing person, whichever is lower. Section 5C(6) The provisions of this section shall not apply to members of the Kenya Defence Forces in accordance with section 245 of the Kenya Defence Forces Act (Cap. 199). [Act No. 6 of 2018 , s. 6.] - 5D Verify source ↗
PRELIMINARY - 5D. Payment of money for adults incapable of taking decisions by virtue of age, infirmity or other reasons to be determined by court
AI-assisted research summary: The court may appoint the Public Trustee as guardian for adults incapable of making decisions; the Public Trustee must charge fees under this section in accordance with Rules made under the Act.
Section 5D. Payment of money for adults incapable of taking decisions by virtue of age, infirmity or other reasons to be determined by court Section 5D(1) On application, the court may appoint the Public Trustee to act as a guardian for adults who are incapable of taking decisions by virtue of age, infirmity or any other reason that may be considered by the court. Section 5D(2) Where any amount of money becomes payable to any person described under subsection (1), the amount may be paid to the Public Trustee. Section 5D(3) The Public Trustee shall charge fees under this section in accordance with any Rules made under the Act. [Act No. 6 of 2018 , s. 6.] - 5E Verify source ↗
PRELIMINARY - 5E. Public Trustee Investment Board
AI-assisted research summary: Establishes the Public Trustee Investment Board, lists its membership, requires at least four meetings per financial year, requires quarterly reports to the Attorney-General, sets appointment, term and re‑appointment rules for certain members, allows delegation of investment powers to the Public Trustee, and permits the Board to make by-laws.
Section 5E. Public Trustee Investment Board Section 5E(1) There is established an Investment Board to be known as the Public Trustee Investment Board. Section 5E(2)(a) the Solicitor-General as the Chairperson; Section 5E(2)(b) the person for the time being in charge of public investment and portfolio management at the ministry responsible for matters relating to finance or a designated representative; Section 5E(2)(c) one advocate having at least ten years' experience nominated by the Law Society of Kenya; Section 5E(2)(d) one of whom shall be of opposite gender from the other two; Section 5E(2)(d)(i) one of whom shall be of opposite gender from the other two; Section 5E(2)(d)(ii) not being public officers; and Section 5E(2)(d)(iii) not being full time employees or directors of a public company; and Section 5E(2)(e) the Public Trustee. Section 5E(3) The members of the Board under subsection 2(c) and (d) shall be appointed by the Attorney-General. Section 5E(4) The Investment Board shall meet as often as may be necessary for the dispatch of its business but there shall be at least four meetings of the Board in any financial year. Section 5E(5) The Board shall submit quarterly reports to the Attorney-General. Section 5E(6) A member of the Board appointed under section 5E (2)(c) and (d) shall hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 5E(7) Appointment of the members of the Board under this section shall be done in a staggered manner separated by two months so that the respective expiry dates of their terms shall fall at different times. Section 5E(8)(a) at any writing to the Attorney-General or otherwise cease to represent the interests of the nominating body; or Section 5E(8)(b) has been absent from three consecutive meetings of the Board without the permission of the chairperson and is unable or has neglected to furnish any plausible reason for absence; or Section 5E(8)(b)(i) has been absent from three consecutive meetings of the Board without the permission of the chairperson and is unable or has neglected to furnish any plausible reason for absence; or Section 5E(8)(b)(ii) is disqualified under any provision of the Constitution or any other written law from holding a public office. Section 5E(9) Members of the Board shall be paid such allowances as the Attorney-General shall determine from time to time. Section 5E(10) The Board, by instrument in writing, may from time to time resign from office by notice in time delegate to the Public Trustee its powers in respect of the investment of money as it deems fit. Section 5E(11) The Board may from time to time make by-laws for the control of its business and proceedings. [Act No. 6 of 2018 , s. 6.] - 5F Verify source ↗
PRELIMINARY - 5F. Functions of the Investment Board
AI-assisted research summary: The Investment Board reviews and oversees matters related to investing estate and trust funds.
Section 5F. Functions of the Investment Board Section review and oversee matters pertaining to the investment of estate and trust funds; - 5G Verify source ↗
PRELIMINARY - 5G. Receipt of payments by Public Trustee
AI-assisted research summary: The Public Trustee may receive and administer various compensation payments arising from accidents.
Section 5G. Receipt of payments by Public Trustee Section The Public Trustee may receive payments of compensation under the Work Injury Benefits Act (Cap. 236), Pensions Act ( Cap. 189 ), Civil Servants Group Accident Insurance Scheme and any other payment arising from compensation as a result of an accident and administer the funds as prescribed. [Act No. 6 of 2018 , s. 6.]
Part II
ADMINISTRATION OF ESTATES OF DECEASED PERSONS
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ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 10. Public Trustee to take charge of property on death of agent
AI-assisted research summary: When agents in charge of an estate of a person not residing in Kenya die and leave the property without any responsible person, the Public Trustee must, when the fact comes to his notice, apply to the court for an order to take charge of the property; the court must make such order as it thinks fit.
Section 10. Public Trustee to take charge of property on death of agent Section If at any time the agent or agents in charge of any estate belonging to any person not residing in Kenya die leaving the property without any responsible person in charge thereof, the Public Trustee shall, when that fact comes to his notice, apply to the court for an order to take charge of the property, and the court shall make such order in the case as it thinks fit. - 11 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 11. Disputes to be decided on petition by the court
AI-assisted research summary: The court may order proceedings to be started when it appears undesirable that the matter be decided (by petition).
Section 11. Disputes to be decided on petition by the court Section in any case in which it appears to be not desirable that the matter in question should be so decided, the court may direct such proceedings to be instituted as appear proper for the due decision thereof; - 12 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 12. Movable property to be realised
AI-assisted research summary: The Public Trustee may convert estate movable property into money, may convert immovable property with court consent (but court consent is not needed if all interested parties consent in writing or value ≤ five hundred thousand shillings and conversion is advantageous), must advertise for creditors (giving 30 days to prove debts), must pay proved debts or dividends, transfers untraceable residue to unclaimed property, may transfer residue to foreign grant-holders or consular officers, and claims against funds transferred to the Consolidated Fund will be paid if established to the Public Trustee’s satisfaction; the Attorney-General may distribute the estate.
Section 12. Movable property to be realised Section 12(1) The Public Trustee may convert into money all movable property of an estate which he administers under this Act, and may with the consent of the court convert into money all or any part of the immovable property of the estate: Provided that if all parties interested in the immovable the property consent in writing to its conversion into money by the Public Trustee, or if the value of that property does not exceed five hundred thousand shillings and the Public Trustee is satisfied that the conversion of that property into money would be to the advantage of the estate, the consent of the court shall not be necessary. Section 12(2) The Public Trustee shall cause advertisements to be published in the Gazette and in such other manner as he deems expedient calling upon the creditors of the person whose estate he is administering under section 8 (1) of this Act to come in and prove their debts before him within the space of thirty days from the date of publication: Provided that where the value of an estate is within the jurisdiction of a resident magistrate or a district magistrate under the Law of Succession Act ( Cap. 160 ), it shall not be necessary for publication to be made in the Gazette but the Public Trustee shall cause the advertisements to be published in accordance with rules made under section 97 of that Act or, if the magistrate directs otherwise, in accordance with that direction. Section 12(3) The Public Trustee shall, after the expiration of the period referred to in subsection (2), pay the debts proved, and if the whole thereof cannot be paid he shall pay a dividend thereon; and if he collects any further assets after making those payments, he shall, in case any part of the debts proved remains unpaid, pay that part and any debts subsequently proved before him, or a dividend thereon; but such debts as are subsequently proved shall first be paid a dividend in proportion to their amount equal to the dividend paid to creditors having previously proved their debts. Section 12(4)(i) in the event of the Public Trustee being unable to trace the parties beneficially entitled to the residue of the estate or any of them, he shall transfer the residue or proportionate part thereof as the case may be to the unclaimed property account; Section 12(4)(ii) where the Public Trustee has been granted letters of administration to the estate in Kenya of a person who at the time of his death was not domiciled, or who appears to the Public Trustee to have then not been domiciled, in Kenya, and a grant of probate of the deceased person’s will or letters of administration to his estate has been made in the country of the deceased person’s domicile, the Public Trustee may pay over or transfer to the person holding the grant the residue of the estate in Kenya without seeing to the application thereof and without incurring any liability in regard to that payment or transfer; Section 12(4)(iii) where the deceased person was domiciled in a foreign State, the payment or transfer may be made to a consular officer of that State, whose receipt shall be a full and complete discharge to the Public Trustee in respect thereof. Section 12(5)(a) upon the conclusion of the administration of the estate of a testate or intestate person, there remain in the possession of the Public Trustee funds of which the Public Trustee is unable to dispose by distribution in accordance with the law by reason of the untraceability of the person entitled to give a discharge, or for any other cause; or Section 12(5)(b) the Public Trustee is unable to conclude the administration of any trust as there are remaining funds of which he or she is unable to dispose by distribution in accordance with the law by reason of the untraceability of the beneficiaries under the trust or for any other cause, Section 12(6) If any claim is made to any part of the funds so transferred to the Consolidated Fund and if the claim is established to the satisfaction of the Public Trustee, the amount certified by the Public Trustee to be due to the claimant shall be paid, without interest, from the Consolidated Fund: Provided that the Attorney-General may dispose of and distribute the estate or any part thereof among any kindred of the deceased or other persons having a legal claim thereto. [L.N. 172/1960, Sch., Act No. 21 of 1966 , 1st Sch., L.N. 299/1956, Sch., Act No. 10 of 1976 , s. 10, Act No. 11 of 1993 , Sch., Act No. 7 of 2007 , Sch., Act No. 6 of 2018 , s. 10.] - 13 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 13. Priority of Public Trustee’s fees and expenses
AI-assisted research summary: Public Trustee’s fees and expenses (including court and realization expenses incurred in collecting estate assets) are to be paid after funeral and death‑bed charges but before all other expenses and debts of the deceased.
Section 13. Priority of Public Trustee’s fees and expenses Section Notwithstanding any rule of law to the contrary, the fees payable to the Public Trustee under this Act and any rules made thereunder and any court fees and realization expenses and other charges incurred by the Public Trustee in collecting and realizing the assets of the estate of a deceased person shall rank for payment after any funeral expenses and death-bed charges of the deceased but in priority to all other expenses and to the debts for which the deceased was liable. [Act No. 15 of 1951, s. 2, L.N. 168/1964, Sch., Act No. 10 of 1976 , s. 11.] - 14 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 14. Court may order partition of immovable property
AI-assisted research summary: Persons beneficially interested in immovable property vested in the Public Trustee may petition the court for partition; the court may, if satisfied partition is beneficial to all interested persons, appoint one or more arbitrators to effect the partition.
Section 14. Court may order partition of immovable property Section 14(1) Any person beneficially interested in any immovable property vested in the Public Trustee may apply by petition to the court for a partition thereof, and the court, if satisfied that partition would be beneficial to all persons interested, may appoint one or more arbitrators to effect it. Section 14(2) The report and final award of the arbitrators, setting out the particulars of the immovable property allotted to each of the parties interested, shall, when signed by them and confirmed by order of the court, be effectual, without any further conveyance, to vest in each allottee the immovable property so allotted; and, if the allotment be made subject to the charge of any money payable to any other interested party for equalising the partition, the charge shall take effect according to the terms and conditions in regard to time and mode of payment and otherwise which shall be expressed in the award. - 15 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 15. Power to collect, realize and hand over assets to Administrator-General
AI-assisted research summary: If requested and satisfied about reciprocity and creditor protection, the Public Trustee may apply to court to collect estate assets in Kenya and hand them to the Administrator‑General or Public Trustee of Uganda, Tanzania or Malawi; after an order the Public Trustee has the same rights and duties as if administration had been committed to him and is discharged from liabilities upon handing over the assets or proceeds.
Section 15. Power to collect, realize and hand over assets to Administrator-General Section 15(1) Where a person dies leaving estate in Kenya consisting of movable property only and also estate in Uganda, Tanzania, or Malawi administration whereof is committed to the Administrator-General or Public Trustee of any such territory, the Public Trustee may, if requested so to do by the Administrator-General or Public Trustee of the territory, and if satisfied that the reciprocal legislation exists in that territory and that the interests of creditors in Kenya will not thereby be prejudiced, apply to the court for an order, which order the court is hereby empowered to make, authorizing him to collect the assets of the estate in Kenya and hand them over to the Administrator-General or Public Trustee of that territory; and, upon the making of the order, the Public Trustee shall have the same rights and duties as regards the collection and realization of the assets of the estate as if administration had been committed to him, and shall not be liable therefor to any creditor or claimant, but shall be discharged from liabilities upon handing over the assets or the proceeds of the realization thereof to the Administrator-General or Public Trustee of that territory. Section 15(2)(a) one half of the scale of the fees payable to the Public Trustee under this Act and the rules thereunder; Section 15(2)(b) estate duty in accordance with the Estate Duty Act ( Cap. 483 ); Section 15(2)(c) fees of court; and Section 15(2)(d) any out-of-pocket realization expenses and other charges or taxes incurred by the Public Trustee in collecting, realizing and disposing of or transmitting the assets, or the proceeds of realization thereof, of the estate in Kenya. - 16 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 16. Treatment of assets received from outside Kenya
AI-assisted research summary: Where the Public Trustee administers an estate and receives assets situated outside Kenya, those assets are to be treated the same as assets within Kenya at time of death; fees chargeable by the Public Trustee on assets or moneys received from outside Kenya only for distribution among heirs or beneficiaries are restricted to three per centum of the gross value of those assets or the net amount of money received.
Section 16. Treatment of assets received from outside Kenya Section 16(1) Where the administration of an estate has been committed to the Public Trustee and he receives assets which at the time of the death of the deceased were situated outside Kenya, those assets shall for all purposes be treated in the same manner as assets within Kenya at the time of death: Provided that the fees chargeable by the Public Trustee on any assets or moneys received from outside Kenya only for the purpose of distribution among the heirs or beneficiaries shall be restricted to three per centum of the gross value of those assets or the net amount of money received. Section 16(2) Where any person entitled to a share under the will, or otherwise in the distribution of the estate, of a deceased person whose estate is being administered by the Public Trustee is a minor, the court may, upon the application of the Public Trustee, appoint the father or mother of the minor or some other suitable person to receive the share of the minor on his behalf, and when the appointment is made the Public Trustee may pay the share of the minor to that person on behalf of the minor, and the receipt of that person shall be a full and complete discharge to the Public Trustee so far as regards that share: Provided that, where the share of the minor does not exceed two hundred thousand shillings in value, the Public Trustee may pay or transfer it to the father or mother of the minor or some other suitable person on behalf of the minor, and the receipt of the father or mother or other person referred to herein shall be a full and complete discharge to the Public Trustee in respect of that share. [Act No. 4 of 1973 , Sch., Act No. 11 of 1993 , Sch., Act No. 6 of 2018 , s. 11.] - 6 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 6. Grant to Public Trustee
AI-assisted research summary: The Public Trustee must make further inquiries into a deceased person's estate when informed or when a report under section 46 has been made; the Public Trustee may apply to court to seal foreign probate or letters of administration when requested in writing by an executor or administrator.
Section 6. Grant to Public Trustee Section 6(1) Where a report of action taken under section 46 of the Law of Succession Act ( Cap. 160 ) has been made to the Public Trustee, or where the Public Trustee has been informed of the death of any person in Kenya and has been requested to take action in respect of the deceased’s estate by any person appearing to have a legitimate interest in the succession to, or administration of, the estate, the Public Trustee shall cause further inquiries to be made as to the estate of the deceased. Section 6(2)(a) the person died intestate; Section 6(2)(b) the deceased, having made a will devising or bequeathing his estate or any part thereof, has omitted to appoint an executor; Section 6(2)(c) the person or persons named as executor or executors in the will of the deceased are dead or have renounced probate thereof or otherwise are unable or unwilling to act; Section 6(2)(d) probate of the will of the deceased or letters of administration with the will annexed to the deceased’s estate has or have not been obtained within six months from the date of the death of the deceased; Section 6(2)(e) the deceased has appointed the Public Trustee as an executor of his will; or Section 6(2)(f) the whole or any part of the estate of the deceased has been left unadministered and the executors of the will of the deceased to whom probate has been granted, or the persons to whom a grant of letters of administration to the deceased’s estate has been made, are dead or otherwise are unable or unwilling to complete the administration of the estate, Section 6(3) Where the Public Trustee has been requested in writing by the executor or administrator (as the case may be) to obtain a sealing in Kenya of any probate, letters of administration or any equivalent thereof in respect of the estate of a deceased person under the provisions of section 77 of the Law of Succession Act ( Cap. 160 ), the Public Trustee may without any further formality apply to the court to seal and the court may seal the probate, letters of administration or any equivalent thereof. Section 6(4)(a) the Public Trustee from renouncing the executorship of any will; or Section 6(4)(b) the court, in exercise of its discretion under section 66 of the Law of Succession Act, from granting letters of administration to the Public Trustee. - 6A Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 6A. Consent of a missing person
AI-assisted research summary: If a person whose consent is required is declared missing by a court, the Public Trustee may be appointed without that person's consent.
Section 6A. Consent of a missing person Section Where the consent of a person is required before the appointment of the Public Trustee as an administrator or trustee and the person required to give consent is declared to be missing by a court of law, the appointment of the Public Trustee may be made without the consent from the missing person having been obtained. [Act No. 6 of 2018 , s. 7.] - 7 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 7. Grant to Public Trustee in certain circumstances
AI-assisted research summary: The court may grant letters of administration to the Public Trustee in certain cases, even if others would ordinarily be entitled, provided the court thinks fit for reasons recorded and has heard the Public Trustee.
Section 7. Grant to Public Trustee in certain circumstances Section Where the particular circumstances of any case appear to the court so to require, the court may, if it thinks fit for reasons recorded in its proceedings, of its own motion or otherwise, after having heard the Public Trustee, grant under the Law of Succession Act ( Cap. 160 ) letters of administration to the Public Trustee notwithstanding that there are persons who, under that Act or any other written law, would in the ordinary course be legally entitled to administer the estate of the deceased person concerned in preference to the Public Trustee. [Act No. 10 of 1976 , s. 6.] - 8 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 8. Administration of deceased’s estate without grant
AI-assisted research summary: The Public Trustee may take possession and administer estates below three million without applying for probate and shall draw a Certificate of Summary Administration when doing so; for very small estates (<= 100,000 shillings) the Public Trustee may grant a certificate to an applicant after 14 days and the proposed grantee must submit a statutory declaration verifying the estate's value.
Section 8. Administration of deceased’s estate without grant Section 8(1) Where the estate of a deceased person consists of property of an estimated gross value not exceeding three million and the deceased has died intestate or left a will in such circumstances that the Public Trustee may apply for a grant of probate or letters of administration pursuant to section 6 , the Public Trustee may take possession of, and administer the estate of, the deceased person without making an application under the Law of Succession Act ( Cap. 160 ), to the court for probate or letters of administration, as the case may be, and no court fees shall be chargeable in respect of any such estate. Section 8(1A) Where the Public Trustee takes possession of an estate under subsection (1), the Public Trustee shall draw a Certificate of Summary Administration entitling him or her to administer and distribute the estate. Section 8(2) Where the estate of a deceased person consists of property of an estimated gross value not exceeding one hundred thousand shillings, the Public Trustee, on the application of any person to whom probate or letters of administration, as the case may be, might be granted under the Law of Succession Act ( Cap. 160 ) may at any time after the expiration of fourteen days after the death of the deceased, grant to that person a certificate entitling him to administer the estate of the deceased person and to pay out of the estate any debts or charges, and to pay, remit or deliver any surplus to the person or persons entitled thereto according to law, or as he may be directed by the Public Trustee. Section 8(2A) The proposed grantee of the Certificate of Summary Administration shall submit to the Public Trustee a statutory declaration verifying that the gross value of the deceased's estate does not exceed one hundred thousand shillings. Section 8(3) The Public Trustee shall not be bound to grant a certificate under subsection (2) unless he is satisfied as to the title of the applicant and of the value of the property left by the deceased, either by oath of the applicant, or by such other evidence as he may require. Section 8(4) The grant of a certificate under subsection (2) shall be a full and final discharge of the Public Trustee as against all persons from any further liability in respect of the estate concerned. Section 8(5)(a) a fee shall be payable calculated at the rate of five per centum of the gross value of the estate; Section 8(5)(b) to file accounts or inventories of the assets of the deceased before any court or other authority; or Section 8(5)(b)(i) to file accounts or inventories of the assets of the deceased before any court or other authority; or Section 8(5)(b)(ii) to give any bond for the due administration of the estate; Section 8(5)(c) that the certificate was obtained by fraud or misrepresentation made to him; or Section 8(5)(c)(i) that the certificate was obtained by fraud or misrepresentation made to him; or Section 8(5)(c)(ii) that the certificate was obtained by means of an untrue allegation of a fact essential in law to justify the grant though the allegation was made in ignorance or inadvertently, - 9 Verify source ↗
ADMINISTRATION OF ESTATES OF DECEASED PERSONS - 9. Grant to Public Trustee may be revoked and made to other person
AI-assisted research summary: After the Public Trustee has been granted letters of administration, an eligible person may apply to the court to revoke that grant and obtain probate or letters of administration, but no application may be made until seven days after written notice to the Public Trustee; the court may, after hearing the Public Trustee, revoke the grant and make a new grant subject to conditions, with additional timing limits for revoking letters granted to the Public Trustee and consequences for vesting of unadministered estate.
Section 9. Grant to Public Trustee may be revoked and made to other person Section 9(1) At any time after a grant of letters of administration to the Public Trustee under this Act, any person to whom the court might have committed administration if no such grant had been made may apply to the court for revocation of the grant and for a grant to himself of probate of the will or letters of administration; but no such application shall be made until seven days after notice in writing of intention to make it has been given to the Public Trustee. Section 9(2) Upon such application the court, after hearing the Public Trustee if he appears, may revoke the grant to the Public Trustee and grant probate or letters of administration to the applicant subject to such limitations and conditions as the court thinks fit: Provided that letters of administration granted to the Public Trustee shall not be so revoked unless the application is made within six months after the grant to the Public Trustee and the court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made. Section 9(3) Upon a revocation and new grant, all the interest, powers, rights and duties of the Public Trustee in regard to the estate affected by the grant, and all liabilities of the Public Trustee under any contract or agreement entered into by him in relation to the estate or any part thereof, shall cease; and such portion of the estate as is left unadministered by the Public Trustee shall vest in the person obtaining the new grant, subject nevertheless to all lawful contracts theretofore made relating to the estate and to the allowance and payment of all outlays, disbursements, costs, fees, charges and expenses reasonably incurred in the administration thereof. Section 9(4) This section shall apply in the case of an estate of which the Public Trustee has taken possession under section 8 (1) as if there had been a grant of letters of administration to the Public Trustee on the date upon which he took possession.
Part III
POWERS AND DUTIES OF THE PUBLIC TRUSTEE
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POWERS AND DUTIES OF THE PUBLIC TRUSTEE - 17. Duties of Public Trustee
AI-assisted research summary: Lists functions of the Public Trustee (acting as personal representative, trustee, custodian trustee, custodian of missing or enemy property, administrator under Estate Duty Act, appointee as Public Guardian/Conservator or trustee by court, Registrar of wills, and to run awareness programmes); permits the Public Trustee to decline trusts; and forbids accepting trusts under creditor schemes or trusts involving business management except as rules permit.
Section 17. Duties of Public Trustee Section 17(1)(a) act as personal representative of a deceased person; Section 17(1)(b) act as an ordinary trustee of any trust not prohibited under this Act or any other law; Section 17(1)(c) act as a custodian trustee; Section 17(1)(d) act as a custodian of property of missing persons; Section 17(1)(e) act as a custodian of enemy property; Section 17(1)(f) act as an administrator of the Estate Duty Act ( Cap. 483 ); Section 17(1)(g) be appointed as a Public Guardian or Conservator; Section 17(1)(h) be appointed trustee by a court of law; Section 17(1)(i) act as a Registrar of wills; and Section 17(1)(j) formulate, implement and oversee programmes to raise awareness on law of succession and trusteeship. Section 17(2) Deleted by ActNo. 6 of 2018, s. 13. Section 17(3) The Public Trustee may decline either absolutely, or except on such conditions as he may impose, to accept any trust. Section 17(4) The Public Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors. Section 17(5) The Public Trustee shall not, save as provided by any rules made under this Act, accept any trust which involves the management or carrying on of any business. [Act No. 15 of 1951, s. 3, L.N. 462/1963, Sch., L.N. 168/1964, Sch., Act No. 6 of 2018 , s. 13.] - 18 Verify source ↗
POWERS AND DUTIES OF THE PUBLIC TRUSTEE - 18. Appointment of Public Trustee as trustee by person creating trust
AI-assisted research summary: A person intending to create a trust may appoint the Public Trustee as sole or joint trustee with the Public Trustee's consent; that consent must be recited in the instrument and the Public Trustee must duly execute the instrument.
Section 18. Appointment of Public Trustee as trustee by person creating trust Section 18(1) Any person intending to create a trust other than a trust which the Public Trustee is prohibited from accepting under this Act may, by the instrument creating the trust, and with the consent of the Public Trustee, appoint him by that or any other sufficient description to be either sole or joint trustee of the property subject to the trust: Provided that the consent of the Public Trustee shall be recited in the instrument, and the instrument shall be duly executed by the Public Trustee. Section 18(2) Upon any such appointment, the property subject to the trust shall vest in the trustee or trustees either solely or jointly, and shall be held by him or them upon the trusts declared in the instrument. - 19 Verify source ↗
POWERS AND DUTIES OF THE PUBLIC TRUSTEE - 19. Appointment of Public Trustee as trustee by court
AI-assisted research summary: If a trust property has no willing trustee in Kenya and is not of a kind the Public Trustee is prohibited from accepting, the court may, on application and with the Public Trustee's consent, order appointment of the Public Trustee as trustee of that property.
Section 19. Appointment of Public Trustee as trustee by court Section If the property is subject to a trust other than a trust which the Public Trustee is prohibited from accepting under this Act, and there is no trustee within Kenya willing or capable to act in the trust, the court may on application make an order for the appointment of the Public Trustee by that name with his consent to be the trustee of that property. - 20 Verify source ↗
POWERS AND DUTIES OF THE PUBLIC TRUSTEE - 20. Custodian trustee
AI-assisted research summary: Specifies the role, powers and limits of a custodian trustee, and distinguishes managing trustees who retain management powers and access to trust documents.
Section 20. Custodian trustee Section 20(1)(a) by order of the court made on the application of any person on whose application the court may order the appointment of a new trustee; or Section 20(1)(b) by the testator, settlor, or other creator of any trust; or Section 20(1)(c) by the person having power to appoint new trustees. Section 20(2)(a) the trust property shall be transferred to the custodian trustee as if he were sole trustee, and for that purpose vesting orders may, where necessary, be made under the Trustee Act ( Cap. 167 ); Section 20(2)(b) the management of the trust property and the exercise of any power or discretion exercisable by trustees under the trust shall remain vested in the trustees other than the custodian trustee (which trustees are hereinafter referred to as the managing trustees); Section 20(2)(c) as between the custodian trustee and the managing trustees, and subject and without prejudice to the rights of any other persons, the custodian trustee shall have the custody of all securities and documents of title relating to the trust property, but the managing trustees shall have free access thereto, and be entitled to take copies thereof or extracts therefrom; Section 20(2)(d) the custodian trustee shall concur in and perform all acts necessary to enable the managing trustees to exercise their powers of management or any other power or discretion vested in them (including the power to pay money or securities into court), unless the matter in which he is requested to concur is a breach of trust, or involves a personal liability upon him in respect of calls or otherwise, Section 20(2)(e) all sums payable to or out of the income or capital of the trust property shall be paid to or by the custodian trustee— Section 20(2)(f) the power of appointing new trustees, when exercisable by the trustees, shall be exercisable by the managing trustees alone, but the custodian trustee shall have the same power of applying to the court for the appointment of a new trustee as any other trustee; Section 20(2)(g) in determining the number of trustees for the purposes of the Trustee Act ( Cap. 167 ), the custodian trustee shall not be reckoned as a trustee; Section 20(2)(h) the custodian trustee, if he acts in good faith, shall not be liable for accepting as correct and acting upon the faith of any written statement by the managing trustees as to any birth, death, marriage, or other matter of pedigree or relationship, or other matter of fact, upon which the title to the trust property or any part thereof may depend, nor for acting upon any legal advice obtained by the managing trustees independently of the custodian trustee; Section 20(2)(i) the court may, on the application of either the custodian trustee, or any of the managing trustees, or of any beneficiary, and on proof to its satisfaction that it is the general wish of the beneficiaries, or that on other grounds it is expedient to terminate the custodian trusteeship, make an order for that purpose, and the court may thereupon make such vesting orders and give such directions as under the circumstances seems to the court to be necessary or expedient. - 21 Verify source ↗
POWERS AND DUTIES OF THE PUBLIC TRUSTEE - 21. Transfer of legacy, etc of minor or person suffering from mental disorder
AI-assisted research summary: Certain persons (donors, executors/administrators, or trustees) may transfer a gift, legacy or share by written instrument to the Public Trustee for the benefit of a minor or a person of unsound mind, subject to the Public Trustee's consent which must be recited and the instrument duly executed by the Public Trustee.
Section 21. Transfer of legacy, etc of minor or person suffering from mental disorder Section If any person suffering from mental disorder, within the definition of that term contained in section 2 of the Mental Health Act (Cap. 248) of whose estate the Public Trustee has been appointed manager under section 38 of that Act, or any minor is entitled to any gift legacy or share of the assets of a deceased person, the person by whom the gift is made, or the executor or administrator by whom the legacy or share is payable or transferable, or any trustee of any gift, legacy or share, may transfer it by an instrument in writing to the Public Trustee by that name or any other sufficient description with his consent: Provided that the consent of the Public Trustee shall be recited in the instrument and the instrument shall be duly executed by the Public Trustee. [Act No. 35 of 1962 , s. 9, Act No. 6 of 2018 , s. 14.]
Part IV
GENERAL
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GENERAL - 22. Security not required
AI-assisted research summary: The Public Trustee must not be required by any court to give a bond or security when appointed in any capacity under this Act.
Section 22. Security not required Section The Public Trustee shall not be required by any court to enter into any bond or security on his appointment in any capacity under this Act. - 23 Verify source ↗
GENERAL - 23. Court orders
AI-assisted research summary: The court may make orders relating to trust property vested in the Public Trustee.
Section 23. Court orders Section The court may make such orders as it thinks fit respecting any trust property vested in the Public Trustee or the interest or produce thereof. - 24 Verify source ↗
GENERAL - 24. Power to incur expenditure
AI-assisted research summary: The Public Trustee may incur expenditure necessary for the proper care and management of property belonging to any trust or estate he administers.
Section 24. Power to incur expenditure Section The Public Trustee may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure on such acts as may be necessary for the proper care and management of any property belonging to any trust or estate administered by him. - 25 Verify source ↗
GENERAL - 25. Other provisions regarding Public Trustee
AI-assisted research summary: Rules describing the Public Trustee’s legal standing: how the Trustee may be sued, protections from liability, entitlement to remuneration fixed by the Attorney‑General, permission to employ advocates, power to summon witnesses, and payment of sale proceeds to third‑party owners upon proof.
Section 25. Other provisions regarding Public Trustee Section 25(1) Deleted by ActNo. 6 of 2018, s. 15. Section 25(2)(a) in all respects act in the management, collection and getting in of property under the direction of the Public Trustee, who shall not be answerable for any act or omission of an agent not in conformity with his direction or which has not happened by the Public Trustee’s own fault or neglect; Section 25(2)(b) find security to the satisfaction of the Public Trustee for the performance of his duty; Section 25(2)(c) be remunerated either by salary or by such fees or portion thereof chargeable under this Act as the Attorney-General shall fix. Section 25(3) In all proceedings under this Act and in all proceedings at law, the Public Trustee shall sue and be sued by the name of the Public Trustee, and it shall be necessary to state and prove his authority and title in the specific estate to which the proceedings may relate, but not his general authority or appointment. Section 25(4) The Public Trustee shall be at liberty without the previous leave of the court to instruct and employ an advocate in any case he thinks fit and the advocate shall be remunerated out of the funds of the particular estate involved. Section 25(5) Whenever the office of Public Trustee becomes vacant by the death or removal or absence from Kenya of the Public Trustee for the time being, and another officer is appointed to that office during the pendency of any petition, action, suit or other proceeding that petition, action, suit or other proceeding shall not abate or become defective, but shall be continued by or against the officer newly appointed. Section 25(6) Neither the Public Trustee nor any agent shall be personally liable to any person in respect of goods or chattels in the possession at the time of his death of any person whose estate is administered by the Public Trustee, which shall be sold by the Public Trustee or agent, unless the Public Trustee or agent knew or had actual notice before the sale that the goods or chattels were not in fact the property of the person whose estate is being administered by him; and generally neither the Public Trustee nor an agent shall be liable for any act done by him bona fide in the supposed and intended performance of their duties, unless it is shown that the act was done not only illegally, but wilfully or with gross negligence: Provided that, in case of a sale by the Public Trustee or agent of goods or chattels belonging in fact to any third person, the amount realized by the sale thereof shall be paid over to the owner upon proof by him of ownership, unless it has already been applied in payment of the debts of the deceased or has been distributed according to a will of the deceased in the ordinary course of administration whilst the Public Trustee or agent was in ignorance and without actual notice of the claim of that person to the goods or chattels sold. Section 25(7) Deleted by ActNo. 6 of 2018, s. 15. Section 25(8) The Public Trustee may whenever necessary for the purposes of this Act, summon and examine witnesses on oath and compel the production of documents. Section 25(9) The annual accounts of the Public Trustee shall be prepared, audited and reported in accordance with the Public Audit Act (Cap. 412B). [L.N. 300/1956, Sch., L.N. 173/1960, Sch, Act No. 6 of 2018 , s. 15.] - 26 Verify source ↗
GENERAL - 26. Government liability for acts of Public Trustee
AI-assisted research summary: The Government must pay any sums needed to meet liabilities that the Public Trustee would personally have to pay, except where neither the Public Trustee nor his officers contributed to the liability and could not have prevented it; in that exception neither the Public Trustee nor the Government are liable.
Section 26. Government liability for acts of Public Trustee Section 26(1) The Government shall be liable to make good all sums required to discharge any liability which the Public Trustee, if he were a private executor, administrator or trustee, would be personally liable to discharge, except when the liability is one to which neither the Public Trustee nor any of his officers has in any way contributed, and which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in that case, the Public Trustee shall not, nor shall the Government, be subject to any liability. Section 26(2) Every sum required to meet a liability of the Government under this section shall be charged upon and paid out of the Consolidated Fund. [Act No. 21 of 1961 , Sch.] - 27 Verify source ↗
GENERAL - 27. Rules
AI-assisted research summary: This section defines the duties of the Public Trustee.
Section 27. Rules Section defining the duties of the Public Trustee; - 28 Verify source ↗
GENERAL - 28. Application of the Unclaimed Financial Assets Act (Cap. 494)
AI-assisted research summary: The Public Trustee is exempt from the provisions of the Unclaimed Financial Assets Act (Cap. 494) that require institutions to remit unclaimed assets to the Unclaimed Financial Assets Authority.
Section 28. Application of the Unclaimed Financial Assets Act (Cap. 494) Section The provisions in the Unclaimed Financial Assets Act (Cap. 494) that require institutions to remit unclaimed assets to the Unclaimed Financial Assets Authority shall not apply to the Public Trustee. [Act No. 6 of 2018 , s. 17.] - 29 Verify source ↗
GENERAL - 29. Alternative dispute resolution
AI-assisted research summary: The Public Trustee may use alternative dispute resolution to settle disputes about administering estates and trusts.
Section 29. Alternative dispute resolution Section The Public Trustee may apply alternative forms of dispute resolution mechanisms to resolve disputes relating to the administration of estates and trusts. [Act No. 6 of 2018 , s. 17.]
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