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 on goodwill alone. A carefully drafted trust is one instrument Kenyan law offers for the purpose.
Why a trust rather than an outright gift?
A trust holds the property with trustees who manage it for the beneficiary’s benefit. The deed can direct how funds are to be applied , therapy, education, housing, caregiving, transport , and can stage distributions so that money arrives when it is needed rather than all at once. Because the trustees, not the beneficiary, hold the property, the arrangement can continue steadily through events that would otherwise disrupt it.
Who should the trustees be?
People who will outlive the parents and act reliably: siblings, other relatives, and often a professional trustee alongside them. A mix of family and professional trustees balances intimacy with continuity, and successor trustees should be named so the arrangement survives the first generation of trustees. Where the beneficiary can take part in decisions, the deed can provide for their views to be sought , the Persons with Disabilities Act frames the wider legal context for such participation.
What should the deed address?
- the standard of living and care the trust is to maintain;
- housing arrangements for the beneficiary, now and later;
- who monitors the trustees, and how accounts are shared with other family members;
- how the trust interacts with any allowances, benefits or institutional care;
- a letter of wishes guiding the trustees on the parents’ intentions.
How is the trust funded?
Commonly through life insurance written in favour of the trustees, savings built up deliberately, pension death benefits and property transferred during the parents’ lifetime. Funding and nominations should be reviewed together, since a policy paid to the wrong recipient defeats the entire structure.
CS Advocates LLP advises families establishing trusts for dependants with disabilities and coordinates the insurance and property steps involved; see our insurance law practice and our practice areas page. Trust legislation is available on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.