CONFIRMATION OF GRANT
1. Before the Court is the Summons for Confirmation of Grant dated 13th July 2026 brought under section 71(3) of the Law of Succession Act and Rule 40 of the Probate and Administration Rules seeking confirmation of the Grant of Probate of Written Will issued on 16th April 2026 before the expiry of six months.
2. I have considered the application, the supporting affidavit, the Grant of Probate, the written Will dated 7th November 2006 and the documents on record. The deceased died on 15th December 2025 leaving a valid written Will appointing the Applicant as an executrix and trustee. The Applicant is also the sole surviving beneficiary of the estate under the Will.
3. Section 71(3) of the Law of Succession Act empowers the Court, where sufficient cause is shown, to confirm a grant before the expiry of six months. The purpose of the six-month period is to afford an opportunity for any disputes concerning the administration or distribution of the estate to be raised. Where no such dispute exists and the Court is satisfied that early confirmation will facilitate the due administration of the estate, the Court may exercise its discretion in favour of confirmation.
4. The Applicant has demonstrated sufficient cause for the orders sought. The estate comprises immovable property and shares valued at approximately Kshs.50,000,000. There is no contention regarding the validity of the Will, no pending application by any dependant, and no dispute concerning the administration or distribution of the estate. Early confirmation will facilitate the expeditious administration of the estate in accordance with the deceased's testamentary wishes.
5. I am satisfied that the application is merited.
6. Accordingly, the Summons for Confirmation of Grant dated 13th July 2026 is allowed. The Grant of Probate of Written Will issued on 16th April 2026 is hereby confirmed notwithstanding that six months have not elapsed since its issuance. The estate shall devolve in accordance with the Last Will and Testament of the deceased dated 7th November 2006. A Certificate of Confirmation of Grant shall issue accordingly. There shall be no order as to costs.
1. Before the Court is the Summons for Confirmation of Grant dated 13th July 2026 brought under section 71(3) of the Law of Succession Act and Rule 40 of the Probate and Administration Rules seeking confirmation of the Grant of Probate of Written Will issued on 16th April 2026 before the expiry of six months.
2. I have considered the application, the supporting affidavit, the Grant of Probate, the written Will dated 7th November 2006 and the documents on record. The deceased died on 15th December 2025 leaving a valid written Will appointing the Applicant as an executrix and trustee. The Applicant is also the sole surviving beneficiary of the estate under the Will.
3. Section 71(3) of the Law of Succession Act empowers the Court, where sufficient cause is shown, to confirm a grant before the expiry of six months. The purpose of the six-month period is to afford an opportunity for any disputes concerning the administration or distribution of the estate to be raised. Where no such dispute exists and the Court is satisfied that early confirmation will facilitate the due administration of the estate, the Court may exercise its discretion in favour of confirmation.
4. The Applicant has demonstrated sufficient cause for the orders sought. The estate comprises immovable property and shares valued at approximately Kshs.50,000,000. There is no contention regarding the validity of the Will, no pending application by any dependant, and no dispute concerning the administration or distribution of the estate. Early confirmation will facilitate the expeditious administration of the estate in accordance with the deceased's testamentary wishes.
5. I am satisfied that the application is merited.
6. Accordingly, the Summons for Confirmation of Grant dated 13th July 2026 is allowed. The Grant of Probate of Written Will issued on 16th April 2026 is hereby confirmed notwithstanding that six months have not elapsed since its issuance. The estate shall devolve in accordance with the Last Will and Testament of the deceased dated 7th November 2006. A Certificate of Confirmation of Grant shall issue accordingly. There shall be no order as to costs.