Navigating the Process of De Bonis Non Grants in Nairobi's Probate Courts
Understanding how to obtain a de bonis non grant in Nairobi is critical when an estate's initial administrator has died, resigned, or been removed before fully administering the deceased's assets. This type of grant essentially picks up where the previous administrator left off, ensuring the estate settlement process can continue without undue delay. At Mwenda Njagi & Co. Advocates, we specialise in guiding clients through these complex probate and succession matters within Nairobi's legal framework, ensuring all statutory requirements under the Law of Succession Act (Cap 160) are met.
Understanding the 'De Bonis Non Grant' and its Purpose
A 'de bonis non grant' (often referred to as a grant of administration de bonis non) is a legal document issued by the court when the original executor or administrator of an estate is unable to complete their duties. This could be due to death, incapacitation, resignation, or removal from their position. The grant effectively revokes or supersedes the prior grant and appoints a new administrator. This ensures the continuity of the estate settlement process, allowing for the distribution of remaining assets, payment of outstanding debts, and fulfilment of the deceased's wishes as per their will or the rules of intestacy. The High Court of Kenya is the primary court responsible for issuing such grants in Nairobi, often sitting as the Family Division.
Step-by-Step Procedure to Obtain the Grant
To initiate the process for obtaining a de bonis non grant in Nairobi, several steps are legally mandated. Firstly, a formal application must be filed with the High Court, typically in the Family Division, accompanied by a supporting affidavit. This affidavit must clearly state the reasons why a new grant is required, including details of the original grant and the circumstances surrounding the cessation of the previous administrator's duties. Crucially, all beneficiaries and interested parties must be notified, and their consent or objection, if any, recorded. The application usually requires attaching a copy of the original grant, the death certificate of the deceased administrator (if applicable), and any relevant documents pertaining to the estate. The court then reviews the application for compliance with the Law of Succession Act before issuing the new grant. Our firm, Mwenda Njagi & Co. Advocates, meticulously handles these procedural requirements.
Legal Representation in Nairobi, Kenya
Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Nairobi, Kenya and all 47 counties in Kenya.
Required Documentation and Practical Considerations
Successfully applying for a de bonis non grant in Nairobi necessitates specific documentation. This typically includes the original grant of probate or letters of administration, the death certificate of the original executor/administrator, a comprehensive inventory of the estate's assets and liabilities, and an affidavit of the proposed new administrator. Proof of identity for the proposed administrator and potentially the beneficiaries is also required. It is advisable to involve legal professionals experienced in probate and succession law in Nairobi. The process can take several weeks to months, depending on court schedules and the completeness of the application. At Mwenda Njagi & Co. Advocates, we streamline this by ensuring all paperwork is accurate and filed promptly, minimising delays for our clients.
