Application for grant-court jurisdiction, Financial Accounting

Assignment Help:

Court jurisdiction

A court may limit a grant of representation which it has jurisdiction to make, as follows:

1. Where the will has been lost or mislaid since the testator's death or has been destroyed by wrong or accident and not by any act of the testator and a copy of the draft of the will has been preserved, probate may be granted of the copy or draft limited until the original or a properly authenticated copy of it is produced;

2. When a will is in the possession of a person residing outside Kenya who has refused or neglected to deliver it, but a copy has been transmitted to the executor, and it is necessary for the interest of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted; limited until the will or an authenticated copy of it is produced;

3. Where no will of a deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced;

4. When any executor is absent from Kenya and there is no executor in Kenya willing to work, letters of administration with the will annexed may be granted to the attorney of the absent executor for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself;

5. When a minor is sole executor or sole residuary legatee, letters of administration with the will annexed may be granted to the legal guardian of the minor or to such other person as the court think fit until the minor has attained full age at, which time, and not before, probate of the will is granted to him; in the case of several minors, when the others reach full age;

6. When a sole executor is a person of unsound mind, letters of administration with the will annexed is granted to the person to whom the care of the executor's estate has been committed by a competent authority, or if there is no such a person, to such other person as the court thinks fit, until the executor becomes a sound mind;

7. Where there is a suit touching the validity of the will or obtaining or revoking any probate or any grant or letters of administration, the court may appoint an administration of the estate of the deceased person who shall have all the rights and powers of a general administration other than the right of distributing the estate; the administrator is subject to the immediate control of the court act under its direction;

8. If an executor is appointed for a limited purpose specified in the will, the probate shall be limited to that purpose;

9. If an executor appointed generally gives an authority to an attorney to prove a will on his behalf and the authority is limited to a limited purpose, the letters of administration, with the will annexed shall be granted subject to the exception;

10. Whenever a grant, with exception, of probate or letters of administration with or without the will attached has been made, the person entitled to probate or administrator of the remainder of the deceased's estate may take a grant of probate or letters of administration of the rest of the deceased's estate;

11. If the executor to whom probate has been granted dies leaving part of the testator's estate unadministered, a new representation may be appointed for the purpose of administering that part of the estate;

12. When a limited grant has expired by effluxion of time, or the happening of the event or contingency on whom it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom the original grant might have been made.


Related Discussions:- Application for grant-court jurisdiction

What is its ending retained earnings balance, Q. The following selected amo...

Q. The following selected amounts are available for Vizio Company. Retained earnings (beginning) $1,600 Net loss 300 Cash dividends declared 200 Stock dividends declared 200 What i

Compute average annual interest rate, Notice an Rs.50, 000 investment in a ...

Notice an Rs.50, 000 investment in a one year fixed deposit and rolled over yearly for the subsequently two years.  The interest rate for the primary year is 5 percent  yearly and

ACCOUTING, Ask questio. You have been appointed the accountant of a new org...

Ask questio. You have been appointed the accountant of a new organisation that is preparing its first set of financial statements. In determining the depreciation for the first yea

Financial accounting, The following items are found in the trial balance of...

The following items are found in the trial balance of M/s Sharada Enterprise on 31st December, 2000. 10 marks Summer 2013 Sundry Debtors Rs.160000 Bad Debts written off Rs 9000 Dis

What net carrying amount, On June 30, 2011, Omara Co. had outstanding 8%, $...

On June 30, 2011, Omara Co. had outstanding 8%, $3,000,000 face amount, 15-year bonds maturing on June 30, 2021. Interest is payable on June 30 and December 31. The unamortized bal

Prepare journal entries to record the transactions, On January 1, 2010, And...

On January 1, 2010, Anderson Corporation had 60,000 shares of $1 par value common stock issued and outstanding. During the year, the following transactions occurred: Mar. 1 Issued

What points is necessary to meet users requirements, What points is necessa...

What points is necessary to meet users requirements To meet these users' requirements, it can be argued that accounting information must possess certain key qualities, or chara

Bond''s yield to maturity, A 15-year, 14% semiannual coupon bond with a par...

A 15-year, 14% semiannual coupon bond with a par value of $1,000 may be known as in 4 years at a call price of $1,075. The bond sells for $1,050. (Suppose that the bond has just be

Profit is not cash flow, Profit is not cash flow: Adequate cash is esse...

Profit is not cash flow: Adequate cash is essential to keep business running. Inadequate cash increases the risk of not being able to meet current obligations as and when the

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd