In succession law, a grant of representation, whether probate or letters of administration, confers legal authority to manage and distribute a deceased person’s estate. However, this authority is not absolute. Kenyan succession law provides mechanisms for revocation or annulment of grants where fraud, error, or procedural defects are proven.
What Is a Grant of Representation?
A grant of representation is a legal instrument issued by the court under the Law of Succession Act (Cap. 160, Laws of Kenya). It authorizes a person (the personal representative, the executor or an administrator) to administer the estate of a deceased individual.
There are two main types:
- Grant of Probate – issued to an executor or executrix when the deceased left a valid will.
- Grant of Letters of Administration – issued to an administrator when the deceased died intestate (without a will).
What Is Revocation of a Grant?
Revocation of a grant refers to the legal process by which a court of competent jurisdiction cancels or annuls a previously issued grant of representation. This may occur due to fraud, concealment of material facts, procedural irregularities, or other statutory grounds.
The legal basis for revocation is found in Section 76 of the Law of Succession Act, which empowers the court to revoke or annul a grant either on application by an interested party or on its own motion.
What Is the Legal Framework Governing Revocation?
The key statutory provision is:
Section 76, Law of Succession Act (Cap. 160): A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion –
- The proceedings to obtain the grant were defective in substance.
- The grant was obtained fraudulently by making false statements or the concealment of material facts.
- The grant was obtained by means of an untrue allegation of a fact essential in law.
- The person to whom the grant was made has failed to apply for confirmation within one year;
- The personal representative has failed to proceed diligently with administration.
- The personal representative has failed to produce accounts or has mismanaged the estate; and
- The grant has become useless and inoperative due to subsequent circumstances (e.g., death/incapacity of the administrator, estate already dealt with, etc.).
What Must Be Proven to Revoke a Grant?
To succeed in an application for revocation, the applicant must demonstrate one or more of the following:
- Defective proceedings: e.g., failure to notify all beneficiaries, an invalid will, or procedural errors.
- Fraud or concealment: e.g., omitting rightful heirs, misrepresenting relationships.
- False allegations: e.g., claiming sole heirship when others exist.
- Failure to confirm grant: within statutory timelines.
- Mismanagement: e.g., selling estate assets without authority, failing to distribute.
- Failure to account: refusal or inability to produce inventory or accounts.
- Grant has become useless and inoperative, e.g death/incapacity of the administrator, estate already dealt with
Who can apply for the revocation of a grant in Kenya?
Any interested party” may apply at any time, for example, beneficiaries, dependants, co-administrators, creditors, purchasers with an interest, or any person with a legitimate stake in the estate, and the court itself may act suo motu (on its own motion) if it discovers sufficient grounds.
When can revocation of a grant be sought?
At any time, Revocation can be sought before or after a grant is confirmed. There is no statutory time limit, but promptness is advisable as estate assets may be distributed/dissipated meanwhile.
Which court has jurisdiction over revocation applications?
Historically and procedurally, Section 47 of the Act and Rule 44 of The Probate and Administration Rules directed all applications for revocation/annulment of grants to be filed at the High Court, at which summons were granted for revocation/annulment of the grant.
However, in 2015, following statutory reforms in the Magistrates’ Courts, exercising succession jurisdiction may also determine revocation applications, subject to their pecuniary jurisdiction (i.e., the estate’s value must fall within that court’s limit, that is, it cannot exceed the Kshs 20 million for a Chief Magistrates Court).
Practice tip: If the impugned grant was issued in a Magistrate’s Court and the estate value fits that court’s jurisdiction, seek revocation in that court; otherwise, proceed in (or move to) the High Court for revocation of grants or even appeals on revocation of grants.
What Is the Procedure for Filing a Revocation Application?
- File a summons for revocation or annulment of a grant under Rule 44 of the Probate and Administration Rules.
- Attach a supporting affidavit detailing the grounds and evidence under Section 76.
- Serve all parties to the succession cause.
- Attend hearing and present oral or documentary evidence.
- Await court determination.
What remedies can the court grant?
- Full revocation (nullifying the grant and, where applicable, the confirmation).
- Partial revocation (e.g., undoing only a problematic portion of the distribution).
- Removal/substitution of a particular administrator while preserving the rest.
- Directions: filing of accounts/inventories, re-hearing confirmation, preservation of assets, or inhibition/caution entries. Kenyan courts tailor relief to protect the estate and justice among beneficiaries.
What is the court’s discretion in revocation applications?
Revocation is not automatic even where a ground under Section 76 is cited; it is a discretionary remedy. Courts balance: the nature of the defect, prejudice to beneficiaries and third parties, the stage of administration, and whether less drastic orders (e.g., partial revocation, removal/substitution of one administrator, rectification, or directions on accounts) would suffice. Kenyan courts repeatedly stress judicious exercise of this power.
What is the effect of the revocation of a grant of representation?
- The personal representative loses all authority to deal with the estate.
- Any actions taken before revocation are not necessarily invalidated but may be set aside depending on circumstances.
- A new grant may be issued to a more suitable person or persons as the court deems fit.
- The estate may be frozen pending new representation.
Are third-party purchasers protected if a grant is later revoked?
Yes, Section 93 LSA protects purchasers for value from a personal representative: transfers remain valid notwithstanding subsequent revocation/variation of the grant (subject to exceptions, e.g., outright invalid/void title chains in some contexts). Such persons are deemed creditors of the estate, and often, at confirmation, persons who are creditors of the estate are treated as persons who are beneficially entitled to a share in the estate. It presupposes that administrators ought to identify the debts and liabilities of the estate first, settle them and thereafter move on to distribute the net estate after payment of debts and liabilities. As such, creditors are advised to object to the issuance of letters of administration and not the revocation of the grant stage.
Can the court refuse revocation even if a ground is alleged?
Yes. Courts emphasize that revocation is discretionary; the applicant must prove the ground(s). The court can decline revocation if evidence is insufficient or if less drastic case-management is more proportionate (e.g., directing accounts or amending administrators).
How Njaga & Co. Advocates LLP Supports You Across the Full Spectrum of Family Law?
At Njaga & Co. Advocates LLP’s Family Law Unit, we understand that family law matters often touch the most personal aspects of a client’s life, inheritance, marriage, children, property, and legacy. Our firm approaches every case with the guiding principles of confidentiality, compassion, precision, and perfect execution, ensuring that each client receives tailored legal support that protects their interests while promoting peaceful, sustainable outcomes. Our services include: –
- Succession & Estate Administration: – We guide families through grants, confirmations, revocations, and equitable distribution of estates.
- Matrimonial Law & Divorce: – We handle marriage dissolution, separation agreements, and division of matrimonial property with discretion and legal precision.
- Children’s Rights & Custody: – We protect minors through custody, maintenance, guardianship, and adoption proceedings under the Children Act, 2022.
- Inheritance & Legacy Planning: – We draft wills, trusts, and succession plans that secure intergenerational wealth and prevent future disputes.
- Dispute Resolution & Litigation: – We resolve family conflicts through mediation or robust court representation, always with dignity and strategic focus.
- Cross-Border Family Matters: – We advise on international custody, foreign divorces, and succession involving diaspora families and global assets.
- Revocation & Grant Challenges: – We represent clients in revocation applications under Section 76 of the Law of Succession Act, ensuring justice and transparency in estate administration.
We combine legal excellence with emotional intelligence, guiding families through complex transitions with clarity, compassion, and strategic insight. Whether you’re seeking to revoke a grant, protect your child’s inheritance, or resolve a marital property dispute, we offer tailored solutions that uphold your rights and preserve your legacy.
Disclaimer: This article provides general information and does not substitute legal advice on specific circumstances of any individual or organization. While the information is accurate as of the date published, we cannot guarantee it remains accurate at the time you read it or that it will stay current. Before acting on any of this information, please seek professional legal advice tailored to your situation.
