Wills, Trust & Probate Law

Wills, Trusts, and Probate Law in Kenya governs the legal aspects related to the distribution and administration of a person's assets and property after their death. It encompasses the creation of wills, the establishment and management of trusts, and the probate process for administering the estate of a deceased individual.

A will is a crucial legal document that allows individuals to express their wishes regarding the distribution of their assets and the appointment of guardians for minor children. It provides instructions on how the deceased person's money, property, and possessions should be distributed among their chosen beneficiaries. Wills can also include provisions for charitable donations and the appointment of executors to oversee the implementation of the will.

In the absence of a valid will, the distribution of the deceased person's estate is governed by statutory probate rules, which outline the order of inheritance among the surviving family members. The probate process involves applying to the court for legal authority to administer the estate and distribute the assets according to the law.

Trusts are legal arrangements that allow individuals to transfer their assets to be held and managed by a trustee on behalf of designated beneficiaries. Trusts are commonly used for estate planning purposes, asset protection, charitable purposes, and to provide for the ongoing care and support of loved ones. Trusts can be established during a person's lifetime (inter vivos trusts) or through their will (testamentary trusts).

Private client lawyers, specializing in wills, trusts, and probate law, provide advice and assistance in various areas. They help individuals draft and execute legally valid wills, ensuring that their intentions are clearly stated and legally enforceable. These lawyers also advise on the creation, management, and administration of trusts, helping clients choose the most suitable trust structures for their needs.

In the event of a person's death, private client lawyers assist with the probate process, guiding executors, and administrators through the legal requirements, including applying for probate, valuing the estate, settling debts and taxes, and distributing assets to beneficiaries. They also handle any disputes or litigation related to wills, trusts, or the administration of estates.

Wills, Trusts & Probate Law in Kenya plays a critical role in ensuring that individuals' final wishes are honored, assets are distributed according to their intentions, and the interests of beneficiaries are protected. Private client lawyers provide valuable guidance and expertise in navigating the complex legal landscape of estate planning, trust management, and probate administration.