A trust is meant to prevent family conflict; it does not always succeed. Distributions the beneficiaries think are too slow, property the trustees will not sell, accounts no one shares , disagreements of this kind can end with a court being asked to supervise a private arrangement. Knowing what each side is entitled to is … Read more
Business owners often spend decades building a company and surprisingly little time deciding what happens if they die or lose capacity tomorrow. A trust can hold the shares, keep decision-making continuous, and turn an informal family understanding into an enforceable plan. How does a trust hold business shares? The owner settles the shares into a … Read more
Two families set up trusts in the same month. One names each child’s exact share; the other leaves the trustees discretion to decide who receives what, and when. Both are valid Kenyan trusts , the difference is who controls the outcomes, and that choice deserves thought. What is a fixed trust? In a fixed trust, … Read more
Parents of a child or adult with a disability carry a question other families do not: who will care for them when we are gone? An outright gift rarely answers it , property left outright to a person who cannot manage it is easily lost, and leaving it to a sibling “to look after” rests … Read more
Parents saving for school fees, or leaving property to young children, face the same question: who holds and manages the property until the child is grown? A trust answers that question in a way that is enforceable and transparent. Why can’t a child simply own property directly? Minors cannot enter into contracts in their own … Read more
In many Kenyan families the most valuable asset is land , and the most common disputes are about who really owns it and who may sell it. Trusts sit at the centre of many of those disputes, both as a solution and as a source of conflict when not documented properly. Can family land be … Read more
Accepting appointment as a trustee is more than a courtesy to family or colleagues. The role carries enforceable duties and, in some circumstances, personal liability. Anyone asked to act , or considering appointing others , should understand what the position involves. What duties does a trustee owe in Kenya? Act within the powers given by … Read more
Most guidance on Kenyan trusts stops at registration. But a registered trust is a living structure: trustees hold property, money moves, beneficiaries grow up and trustees themselves change. What keeps a trust healthy year to year is unglamorous administration, and it is the absence of that administration , not the original drafting , that produces … Read more
A will and a trust can both carry out your wishes, but they work at different times, under different statutes, and with different levels of publicity. Knowing the difference helps you choose , or combine , the right tools. What is the main difference between a trust and a will in Kenya? Timing , a … Read more
A trust is often described as permanent, and permanence is part of its appeal , creditors and claimants cannot simply unwind it, and the property is held for the beneficiaries rather than the settlor. But family circumstances change, and one of the first questions asked years later is whether the structure can be adjusted. The … Read more
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