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 lifetime trust takes effect when property is settled during your life; a will takes effect only on death.
- Governing law , trusts are administered under the trust instrument and the Trustee Act; wills and estates are governed by the Law of Succession Act (Cap 160).
- Process , trust property passes to trustees without a grant of probate; estate property under a will requires confirmation of a grant through the courts.
- Privacy , trust administration is private; succession proceedings generate a public court record.
Can you use both a will and a trust?
Yes, and many families do. A common approach is to settle the principal assets , land, investments, shares , in a lifetime trust, while a will deals with the residue of the estate and can create a testamentary trust for young children under the Law of Succession Act. Used together, the two documents reduce the assets that must pass through probate and give continuity of management if death or incapacity intervenes.
Does a trust avoid family disputes?
No document can guarantee harmony, but clear terms reduce the ground for disagreement. Where property is settled transparently, with beneficiaries identified and trustees’ duties recorded, there is less to argue about later than where property is left informally in one person’s name.
Which arrangement fits your family?
Consider the size and nature of your assets, the ages of your beneficiaries, and your tolerance for court processes. Land in particular should be dealt with by someone familiar with registered transfers; our real estate and conveyancing team acts in transfers to trustees, and our practice areas page sets out the succession and advisory work we undertake. The text of the Law of Succession Act can be read 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.