KSL ATP Probate study guide
KSL ATP Probate · Work through your exam, one topic at a time.
The Kenya School of Law Advocates Training Programme Probate Examination tests whether a pupil has moved from reading succession law to practising it. It is taken by ATP pupils at KSL as part of the professional bar course, and probate is one of the core practice areas in which a pupil must show competence before admission. The KSL ATP Probate study guide has 8 sections and about 2,243 words.
01Law of Succession: Wills, Intestacy and Testamentary Capacity
A valid will requires four elements: formalities (signed by the testator or by someone in his presence and at his direction, and attested by two witnesses present at the same time), testamentary capacity (the Banks v Goodfellow test: the testator must understand the nature of the act and its effects, the extent of the property being disposed of, and the claims to which he ought to give effect, and must be free of a disorder of the mind that poisons his affections or perverts his sense of right), intention (knowledge and approval, with suspicion arising where the will is drawn by a beneficiary or the testator is illiterate or blind), and absence of undue influence or fraud . The intestacy rules operate only on property not effectively disposed of by will.
311 words, about 2 min02Probate Jurisdiction
Probate jurisdiction concerns which court and which registry may entertain an application, and the limits of the court's power over assets. Understand: the grant's function as evidence of the executor's or administrator's authority; the distinction between contentious and non-contentious business; the court's power to rectify a will for clerical error or failure to understand instructions; and the court's power to remove or substitute personal representatives .
268 words, about 1 min03Grants and Court Procedure
Learn the types of grant : probate (with or without will annexed), letters of administration (with or without will annexed), grants de bonis non , grants pendente lite , grants ad colligenda bona , and grants durante absentia or durante minoritate . Know when each is used and who may apply.
261 words, about 1 min04Administration of Estates: Duties, Powers and Accounting
The personal representative's duties are: to collect and preserve the assets, to pay debts and taxes , to distribute the residue to those entitled, and to keep accounts . Powers include sale, appropriation, partition, investment, and the power to delegate ministerial acts.
241 words, about 1 min05Probate and Administration Rules, Forms and Practice
This domain is about procedural compliance : the correct forms , the correct registry , the time limits , and the service requirements. Learn the standard forms for a petition for probate, an application for administration, an oath, an inventory, and a citation.
221 words, about 1 min06Personal Representatives, Trustees and Beneficiaries
Distinguish the personal representative (executor or administrator) from the trustee . The personal representative administers the estate; the trustee holds property on trust for beneficiaries after administration ends.
239 words, about 1 min07Estate Planning, Trusts and Family Provision
Estate planning uses wills, trusts, lifetime gifts, insurance and nominations to achieve the testator's objectives efficiently. Understand the main trust structures: fixed , discretionary , bare , and charitable trusts, and the use of life interests and powers of appointment .
229 words, about 1 min08Taxation, Fees and Financial Aspects of Estates
Understand the taxes that touch an estate: estate duty or inheritance tax on the transfer of value at death, capital gains tax on disposals by the personal representative, income tax on estate income during administration, and stamp duty on instruments. Learn the nil-rate band , the residence nil-rate band , and the treatment of exempt and relieved property.
473 words, about 2 min