APPLICATION FOR GRANT

1) An application for a grant of representation ("representation" means the probate of a will or the grant of letters of administration) is made in such a form as is prescribed, signed by the applicant and witnessed in the prescribed manner.  Probate is the certificate of a court of competent jurisdiction that a will, of which a certified copy is attached in the case of a written will, has been proved a valid will with a grant of representation to the executor in respect of the estate.

2) No permission of any information from an application shall affect the power of the court to entertain the application.

3) Any person who makes an application and willfully or recklessly makes a statement in it which is false is guilty of an offence punishable by a fine of Shs.10,000 or to up to a year, or both.

4) No grant of letters of administration, with or without the will annexed, shall be made to a body corporate other than the public trustee or a trust corporation.

5) No grant of representation shall be made to a syndicate or nominee on behalf or a body corporate.

6) A person who has been appointed by a will, as an executor thereof, may either by oral declaration before the court or by writing under his hand denounce executorship and shall there after be precluded from applying for grant of probate of that will.

7) Where several executors are appointed, probate may be granted to them all simultaneously or at different times.

8) When a deceased has died intestate, the court has a final discretion as to the person or persons to whom a grant of letters of administration is made, in the best interest of all concerned.