Application of Act
This Act shall be read and construed as one with the Succession Act; and where they conflict, this Act shall prevail.
Notwithstanding subsection (1), Part V of the Succession Act shall, mutatis mutandis, apply to the administration of small intestate estates.
Part XXXI of the Succession Act, which relates to the practice of granting and revoking probate and letters of administration, shall not apply to the administration of small estates.
Section 5 of the Administrator General's Act shall not apply to an application for letters of administration made under this Act.
Section analysis Source linked
This section defines when and how “Application of Act” applies.
“(1) This Act shall be read and construed as one with the Succession Act; and where they conflict, this Act shall prevail.”
Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.
Operative requirements extracted from the consolidated text.
- (1) This Act shall be read and construed as one with the Succession Act; and where they conflict, this Act shall prevail.
- (2) Notwithstanding subsection (1), Part V of the Succession Act shall, mutatis mutandis, apply to the administration of small intestate estates.
- (3) Part XXXI of the Succession Act, which relates to the practice of granting and revoking probate and letters of administration, shall not apply to the administration of small estates.
- (4) Section 5 of the Administrator General's Act shall not apply to an application for letters of administration made under this Act.
Express propositions in source-matched passages from judgments citing this section.
No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.
No section-specific note is recorded. Act-level consolidation history:
- [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]
Act-level history only · Do not infer that every amendment changed this section