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public trustee act kenya explained

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Introduction

The Public Trustee Act of Kenya is a significant piece of legislation that governs the administration of estates of deceased persons, particularly those who die intestate (without a will) or where the executors named in the will are unable or unwilling to act. The Act establishes the office of the Public Trustee, who is responsible for managing such estates. This explanation will delve into the key provisions, roles, and responsibilities outlined in the Public Trustee Act, Cap 168 of the Laws of Kenya.

Establishment of the Office of the Public Trustee
- Legal Framework
- Appointment and Qualifications
- General Powers and Duties
Administration of Estates
- Intestate Estates
- Testate Estates
- Small Estates
Powers and Functions of the Public Trustee
- Collection and Management of Assets
- Payment of Debts and Distribution of Assets
- Legal Proceedings
Financial Provisions
- Fees and Charges
- Public Trustee Account
Miscellaneous Provisions
- Protection from Liability
- Regulations and Rules
Conclusion

1. Establishment of the Office of the Public Trustee

Legal Framework

Source: Public Trustee Act, Cap 168, Section 3
The Public Trustee Act establishes the office of the Public Trustee, a statutory body responsible for administering estates of deceased persons under specific circumstances.

Appointment and Qualifications

Source: Public Trustee Act, Cap 168, Section 4
The Public Trustee is appointed by the President of Kenya and must be a person qualified to be a judge of the High Court of Kenya.

General Powers and Duties

Source: Public Trustee Act, Cap 168, Section 5
The Public Trustee has the authority to administer estates, act as an executor or administrator, and perform other duties as prescribed by the Act.

2. Administration of Estates

Intestate Estates

Source: Public Trustee Act, Cap 168, Section 6
When a person dies intestate, the Public Trustee can be appointed to administer the estate if there is no one else willing or able to do so.

Testate Estates

Source: Public Trustee Act, Cap 168, Section 7
The Public Trustee can also act as an executor if named in the will or if the named executors are unable or unwilling to act.

Small Estates

Source: Public Trustee Act, Cap 168, Section 8
The Act provides for the simplified administration of small estates, allowing the Public Trustee to manage them more efficiently.

3. Powers and Functions of the Public Trustee

Collection and Management of Assets

Source: Public Trustee Act, Cap 168, Section 9
The Public Trustee has the power to collect, manage, and invest the assets of the estate, ensuring they are preserved and utilized appropriately.

Payment of Debts and Distribution of Assets

Source: Public Trustee Act, Cap 168, Section 10
The Public Trustee is responsible for paying off any debts owed by the deceased and distributing the remaining assets to the rightful beneficiaries.

Legal Proceedings

Source: Public Trustee Act, Cap 168, Section 11
The Public Trustee can initiate or defend legal proceedings on behalf of the estate, ensuring the interests of the beneficiaries are protected.

4. Financial Provisions

Fees and Charges

Source: Public Trustee Act, Cap 168, Section 12
The Public Trustee is entitled to charge fees for the services provided, which are prescribed by regulations under the Act.

Public Trustee Account

Source: Public Trustee Act, Cap 168, Section 13
All monies received by the Public Trustee are to be paid into a special account known as the Public Trustee Account, which is subject to audit and oversight.

5. Miscellaneous Provisions

Protection from Liability

Source: Public Trustee Act, Cap 168, Section 14
The Public Trustee is protected from personal liability for actions taken in good faith while performing their duties under the Act.

Regulations and Rules

Source: Public Trustee Act, Cap 168, Section 15
The Act empowers the Minister to make regulations and rules necessary for the effective implementation of its provisions.

Conclusion

The Public Trustee Act, Cap 168, is a crucial piece of legislation in Kenya that ensures the proper administration of estates, particularly in cases where there is no will or the executors are unable to act. The Act outlines the establishment, powers, and duties of the Public Trustee, providing a legal framework for the management and distribution of deceased persons' estates. By doing so, it safeguards the interests of beneficiaries and ensures that the assets of the deceased are handled in a fair and efficient manner.