The grant of letters of administration has been confirmed, and the family assumes the land is now theirs. Legally, the estate must still be transmitted, the grant is the key, but each asset has its own lock.
What is confirmation of a grant?
After a grant issues, the administrators apply to the court for confirmation, presenting the schedule of distribution, the plan for dividing the estate among the beneficiaries. Once the court confirms it, the grant and the confirmed schedule become the operative documents for moving every asset. Objections raised at this stage are dealt with before confirmation, which is why the schedule should be agreed among the beneficiaries first.
How is land transmitted to beneficiaries?
Transmission of registered land is effected at the lands registry against the confirmed grant and schedule. The beneficiaries are registered as owners in the shares the court confirmed, whether as joint proprietors or in defined portions. Where agricultural land is involved, Land Control Board consent may be required, and the stamp duty position should be assessed before lodgement. A current search, some are initiated through eCitizen, confirms the state of the title before the instruments are lodged. Where a beneficiary later wishes to sell, the confirmed grant and the registered title are what a purchaser’s advocate will ask to see.
What about other estate assets?
- Banks and saccos release funds or transfer accounts against the confirmed grant.
- Shares are transmitted through the registrar or the Central Depository and Settlement Corporation.
- Motor vehicles are transferred through the National Transport and Safety Authority.
- Retirement and insurance benefits follow the nominations and rules of each scheme, not always the will.
What commonly goes wrong at this stage?
Delays usually trace to a distribution the beneficiaries have not agreed, names or parcel numbers that do not match registry records, or consents and clearances that were never obtained. Where an asset was left out of the schedule, a fresh application or partial confirmation may be needed. CS Advocates LLP handles transmission of land and other estate assets; see our conveyancing practice for the land side and our practice areas generally.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.