When a person dies without leaving a will, this is referred to as intestacy. Under this circumstance, the person who is appointed to administer the estate is referred to as an administrator, in contrast to an executor who is appointed to administer the estate of someone who died having prepared a will. In an intestate estate, the official document, which is issued by the Court to the Administrator, is called the Letters of Administration.
The Court determines who will be granted Letters of Administration primarily on the order of preference stated in section 66 of the Laws of Succession Act, Chapter 160 of the Laws of Kenya and upon examination of the petition submitted to the Court by the party or parties seeking to administer a deceased’s estate.
Gabael Trust is a trust corporation as defined in the Law of Succession Act, and can therefore act as an administrator, either alone or jointly with any other person where: –
- there are disagreements amongst the beneficiaries;
- the beneficiaries have no time to take up administration of the estate;
- all or majority of the beneficiaries reside abroad and want some independence;
- beneficiaries require a professional administrator; or
- there is partial intestacy- that is where the Will does not cover all the assets of the deceased.