You are writing a will and must name the person who will one day wind up your affairs. It is a decision many testators make in five minutes and think about for years , usually when the estate proves harder to settle than expected.
What does an executor do in Kenya?
An executor is the person named in a will to administer the estate: to obtain the grant of probate from the court, collect the assets, pay the debts and distribute what remains according to the will. The role is recognised under the Law of Succession Act (Cap 160), and executors derive their authority from the grant, which the court issues after the statutory notice period. Guidance on the court process is published by the Judiciary at https://www.judiciary.go.ke/.
Who should you choose as executor?
The work is administrative and personal: liaising with the court, banks, the land registry and beneficiaries, sometimes for a year or more. Choose someone organised, trustworthy and likely to outlive you, and consider naming at least one alternate in case the first choice is unable or unwilling to act. Many testators appoint two executors jointly, or a family member alongside a professional adviser, so that the file has both familiarity and administrative discipline.
What is the difference between an executor and a trustee?
The executor’s task is to settle the estate. A trustee holds and manages property for beneficiaries over a longer horizon , typically where children inherit before majority or where the will creates a life interest. The roles can be held by the same person, and a well-drafted will sets out the trustee’s powers expressly, so the duty does not depend on guesswork or later agreement among relatives.
Can a beneficiary act as executor in Kenya?
Yes, and it is common for a spouse or an adult child to be appointed. The combination concentrates power in one person, though, so some testators prefer to balance a family executor with an independent co-executor. Whichever route you take, the person should understand the duties , and be willing , before being named.
Choosing executors is a judgement about people, not paperwork. CS Advocates LLP advises testators on executor and trustee appointments and, where invited, acts in the administration of estates; see our practice areas and our governance advisory service for trusts and related matters.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.