A Review of Limited Grants under the Kenyan Law

Introduction

Under the Law of Succession Act (Cap 160) of Kenya, only individuals legally authorized through letters of administration or probate are permitted to manage or distribute a deceased person’s estate. Engaging in any action concerning the estate — even for the benefit of the deceased’s dependants — without official court-sanctioned authority amounts to intermeddling, which is prohibited.

However, there are situations where urgent intervention is necessary — for example, when dependants require immediate financial support, a legal matter involving the deceased is pending, or the estate needs urgent safeguarding. In such cases, an individual may apply to the court for a limited grant, allowing them to carry out specific tasks without waiting for full administration to be completed.

In essence, a "grant" is legal confirmation from the court, authorizing a person to act in relation to a deceased’s estate. Below is an overview of the various types of limited grants, as outlined in the Law of Succession Act, with relevant examples from Kenyan case law.

Types of Limited Grants in Kenya

1. Grants Limited as to Purpose

These grants provide narrow authority, allowing a person to carry out specific functions rather than managing the entire estate.

a) Grant Ad Colligenda Bona (To Collect and Preserve Property)

This type of grant is used to collect and protect the estate where there is risk of loss or waste, especially before full probate or letters of administration are issued. It does not permit the grantee to sell or invest estate assets.

In Re Estate of Mary Syokwia Kyalili (eKLR) and Mary Waithera v Ann Ndegwa & Another (eKLR), the court recognized the urgency of issuing such a grant in situations like payment of school fees for minor children — a matter of constitutional importance under Article 53(1)(b) of the Constitution of Kenya, which guarantees a child’s right to education.

In Re Estate of Daniel A. Korir Kipkurui (Deceased), a grant ad colligenda bona was issued to allow the widow to withdraw funds for school fees and child upkeep, reinforcing that children’s rights may justify limited administration in urgent cases.

Similarly, in Re Estate of Mary Wanja Wairimu (Deceased), the court ordered the opening of a joint bank account to preserve and manage rent from the deceased’s property, ensuring income wasn’t lost or misused during the succession process.

b) Grant Ad Litem (For Legal Proceedings)

This grant allows someone to represent the estate in a civil suit — either to pursue a claim or defend one. It is not meant for full estate administration or distribution.

In Re Estate of Jennifer Kusuro Musiwa (Deceased) and Re Estate of Helena Wangechi Njoroge (Deceased), the courts clarified that an ad litem grant is strictly for litigation purposes and not for distributing assets. This is especially useful when the deceased had a pending court case or if the estate must initiate a legal claim.

2. Grants Limited as to Property

a) Administration Pendente Lite

This type of grant is issued while a succession dispute is ongoing. It ensures that the estate is not left unmanaged or wasted during litigation. The administrator has no power to distribute assets but acts under court supervision.

This is particularly common in Kenyan family disputes where multiple parties lay claim to the estate or challenge the validity of a will. It allows for neutral management of the estate until the court resolves the dispute.

b) Grant De Bonis Non (For Unadministered Property)

If an administrator or executor dies or becomes unable to complete the administration of the estate, a new administrator can be appointed to finalize the process. This grant is issued to deal with remaining assets.

In Faith Wanjiku Maganjo v Rebean Muriithi Maganjo (eKLR), the court explained that the new administrator — called the "administrator de bonis non" — is responsible for completing the distribution of any leftover estate.

3. Grants Limited as to Time

These grants apply in situations involving lost, withheld, or unproduced wills:

• Probate of a copy or draft of a lost will may be granted if the original was lost or destroyed unintentionally.
• Probate of a copy where original exists abroad can be granted if the person holding the original (outside Kenya) refuses to hand it over and the estate’s needs require immediate action.
• Administration until will is produced applies when it is believed a will exists but it hasn’t yet been found. The court may allow temporary administration until the document is available.

These grants provide temporary authority, ensuring the estate isn’t neglected due to documentation delays.

Conclusion

In Kenya, navigating succession matters can be complex and time-consuming, especially when probate or letters of administration are delayed. Limited grants provide an essential legal tool to protect and manage the estate during this transitional period.

Whether it’s paying school fees, collecting rent, or handling legal claims, limited grants enable families to meet urgent needs while safeguarding the estate from intermeddlers — individuals who try to benefit unlawfully.

To avoid such risks and ensure your wishes are honoured:

• Engage a lawyer to safely keep your will.
• Inform your family and executor where your will is kept.
• Ensure your legal team can contact your executors promptly upon your passing.

Ultimately, proper estate planning and timely legal intervention using tools such as limited grants can prevent financial distress and protect the dignity of your legacy in line with Kenyan law and cultural priorities.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.