CONFIRMATION OF GRANT
1. Before the Court is the Summons for Confirmation of Grant dated 13th July 2026 brought by the Executor, Sailesh Dayalal Shah alias Sailesh Dayalal Dharamshi Shah , seeking confirmation of the Grant of Probate of Written Will issued on 5th February 2026 before the expiry of six months.
2. The application is expressed to be brought under section 71(3) of the Law of Succession Act and Rule 40 of the Probate and Administration Rules and is supported by the affidavit of the Executor sworn on 13th July 2026.
3. The deceased, Kalpana Sailesh Shah alias Kalpana Sailesh Dayalal D. Shah , died on 12th April 2025 leaving a written Will dated 2nd February 2022. A Grant of Probate of Written Will was issued to the Executor on 5th February 2026.
4. I have considered the Summons, the supporting affidavit, the Grant of Probate, the Last Will and Testament of the deceased and the entire court record.
5. 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 from the date of its issuance. The jurisdiction is discretionary and must be exercised where the circumstances justify an early confirmation without prejudicing any interested party.
6. The affidavit explains the reasons for seeking early confirmation. I have also noted that the estate comprises various immovable properties, bank accounts and shares valued at approximately Kshs.50,000,000. Early confirmation will facilitate the efficient administration and preservation of the estate. I am satisfied that sufficient cause has been demonstrated to warrant the exercise of the Court's discretion.
7. The Will appoints the Applicant as the sole Executor and bequeaths the residuary estate absolutely to him, provided he survived the deceased by twenty-eight days, which he did. The children are named only as substitute beneficiaries in the event that the primary gift fails. Upon examining the Will, I am satisfied that the proposed confirmation accords with the testamentary intentions of the deceased.
8. The record further shows that all the deceased's adult children have executed written consents to both the confirmation of the Grant and the mode of distribution provided under the Will.
9. There is no protest to the application, no challenge to the validity of the Will, no claim by any dependant under Part III of the Law of Succession Act and no unresolved issue concerning the administration or liabilities of the estate. I am accordingly satisfied that confirmation at this stage will occasion no prejudice to any person interested in the estate.
10. Accordingly, the Summons for Confirmation of Grant dated 13th July 2026 is allowed. The Grant of Probate of Written Will issued on 5th February 2026 is hereby confirmed notwithstanding that six months have not elapsed since its issuance.
11. The estate shall devolve in accordance with the Last Will and Testament of the deceased dated 2nd February 2022. 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 by the Executor, Sailesh Dayalal Shah alias Sailesh Dayalal Dharamshi Shah , seeking confirmation of the Grant of Probate of Written Will issued on 5th February 2026 before the expiry of six months.
2. The application is expressed to be brought under section 71(3) of the Law of Succession Act and Rule 40 of the Probate and Administration Rules and is supported by the affidavit of the Executor sworn on 13th July 2026.
3. The deceased, Kalpana Sailesh Shah alias Kalpana Sailesh Dayalal D. Shah , died on 12th April 2025 leaving a written Will dated 2nd February 2022. A Grant of Probate of Written Will was issued to the Executor on 5th February 2026.
4. I have considered the Summons, the supporting affidavit, the Grant of Probate, the Last Will and Testament of the deceased and the entire court record.
5. 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 from the date of its issuance. The jurisdiction is discretionary and must be exercised where the circumstances justify an early confirmation without prejudicing any interested party.
6. The affidavit explains the reasons for seeking early confirmation. I have also noted that the estate comprises various immovable properties, bank accounts and shares valued at approximately Kshs.50,000,000. Early confirmation will facilitate the efficient administration and preservation of the estate. I am satisfied that sufficient cause has been demonstrated to warrant the exercise of the Court's discretion.
7. The Will appoints the Applicant as the sole Executor and bequeaths the residuary estate absolutely to him, provided he survived the deceased by twenty-eight days, which he did. The children are named only as substitute beneficiaries in the event that the primary gift fails. Upon examining the Will, I am satisfied that the proposed confirmation accords with the testamentary intentions of the deceased.
8. The record further shows that all the deceased's adult children have executed written consents to both the confirmation of the Grant and the mode of distribution provided under the Will.
9. There is no protest to the application, no challenge to the validity of the Will, no claim by any dependant under Part III of the Law of Succession Act and no unresolved issue concerning the administration or liabilities of the estate. I am accordingly satisfied that confirmation at this stage will occasion no prejudice to any person interested in the estate.
10. Accordingly, the Summons for Confirmation of Grant dated 13th July 2026 is allowed. The Grant of Probate of Written Will issued on 5th February 2026 is hereby confirmed notwithstanding that six months have not elapsed since its issuance.
11. The estate shall devolve in accordance with the Last Will and Testament of the deceased dated 2nd February 2022. A Certificate of Confirmation of Grant shall issue accordingly. There shall be no order as to costs.