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 where any resolution starts.
What rights do beneficiaries have?
Beneficiaries are entitled to due administration of the trust and to information about it , the trust’s property, its accounts and the basis on which decisions have been taken. They can require trustees to account, and where a trustee has caused loss to the trust through breach of duty, remedies can be pursued. What beneficiaries cannot do is direct the trustees as if the trust were their own property; the trustees hold the powers the deed gives them.
Which issues are most often disputed?
- distributions , their timing, amount and fairness among the beneficiaries;
- the retention or sale of trust property, particularly family land;
- investments and whether they were prudent and within the trustees’ powers;
- trustee expenses and remuneration;
- the removal or replacement of trustees the family has lost confidence in.
Does every trust dispute end in court?
No. Many are resolved through mediation or a negotiated restructuring, and families often prefer a settlement that preserves relationships and keeps the arrangement private. The court remains available where it is needed , to give directions, compel accounts or remove trustees , and where the dispute concerns land, underlying questions of title and boundaries may need to be sorted with conveyancing input before the trust issue itself can settle. Our arbitration and ADR practice regularly assists in resolving such disagreements outside the courtroom.
What should an aggrieved party do first?
Read the deed, request information in writing rather than by accusation, and document concerns as they arise. Advice taken before positions harden is usually more useful than advice taken after an exchange of hostile letters , trust litigation is costly, and the costs fall on the estate the family is arguing over.
CS Advocates LLP acts for both trustees and beneficiaries in trust disputes and advises on resolutions that keep family structures intact; see our practice areas or read more about the firm. The Trustee Act and related legislation are 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.