Trustee Duties In Kenya

Summary

Trustees in Kenya must act impartially and in the best interest of all beneficiaries. The will mandates an equal division of the residuary estate, and the discretionary clause should not override this directive. If the trustees actions significantly deviate from the wills clear intent, it could be a breach of the Trustee Act and the Law of Succession Act. Kenyan courts consider the spirit of the will to honor the testators intentions.

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Acting in the best interest of all beneficiaries?
In Kenya, trustees must act in the best interest of all beneficiaries. This duty includes:
- Administering the estate according to the will.
- Acting impartially and fairly among beneficiaries.
- Keeping accurate records of estate assets and transactions.
Could you specify your location in Kenya for more precise local resources or court information?
My trustees may appropriate allot or apportion any money investment or any asset in satisfaction or in part satisfaction of any legacy share or interest in my reaiduary estate at such valuation or in such manner as my trustees shall in their absolute discretion deem just without requiring the consent of any person entitled or interested beneficially in my residuary estate. What about this clause? The trustee has made unequal divisions of the estate based on this
In Kenya, trustees have a duty to act impartially and fairly among beneficiaries. However, the clause you mentioned gives trustees discretionary power, which might justify unequal divisions if deemed just by the trustee.
Could you please specify your location in Kenya for more precise local resources or court information?
I my said wife shal die before me then Ibequeath my Residuary Estate ot hte folowing persons ni the folowing percentage: *.* *.* *.*.* one quarter (*/*) of my Residuary Estate ot my daughter JOTINDER KAUR MATHARU fi she shal survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son SAWRAJ SNIGH NAGI fi he shall survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son HARPAL SNIGH NAG fi he shal survive me absolutely; and one quarter (*/*) of my Residuary Estate ot my daughter in-law DAVINDER , there also this clause
It seems you have concerns about the distribution of your residuary estate and the discretionary powers of your trustees. Here are some key points about trustee duties and your will:
- Trustees must act in the best interest of all beneficiaries.
- They should administer the estate according to the will.
- The clause you mentioned allows trustees to use their discretion in allocating assets, which can lead to unequal divisions if they deem it just.
Could you please specify your location in Kenya for more precise local resources or court information?
What about the trustee act and law of succession act
In Kenya, the Trustee Act and the Law of Succession Act provide important guidelines for the administration of estates. Here are some key points:
- **Trustee Act**:
- Trustees must act in the best interest of beneficiaries.
- They must administer the estate according to the will and law.
- They are required to keep accurate records and provide transparency.
- **Law of Succession Act**:
- Governs the distribution of deceased persons' estates.
- Defines the rights of beneficiaries and the duties of personal representatives.
- Provides for the administration of intestate (without a will) and testate (with a will) succession.
Could you specify your location in Kenya for more detailed local resources or court information?
The distribution done by the trustee significantly favours two beneficiaries over the others
In Kenya, trustees are required to act impartially and in the best interests of all beneficiaries. If the distribution significantly favors two beneficiaries, you may have grounds to challenge it.
To provide you with more specific advice and the relevant court information, could you please specify your location in Kenya?
Does the law of succession apply?
Yes, the Law of Succession Act applies to the distribution of estates in Kenya. Here are some key points:
- Governs both intestate (without a will) and testate (with a will) succession.
- Defines the rights of beneficiaries.
- Outlines the duties of personal representatives and trustees.
Could you please specify your location in Kenya for more detailed local resources or court information?
Has the trustee breached the law of succession?
To determine if the trustee has breached the Law of Succession in Kenya, here are some key factors to consider:
- **Duty to Act Impartially**: Trustees must act impartially and in the best interest of all beneficiaries.
- **Distribution of Estate**: The trustee must administer and distribute the estate according to the will and the law.
- **Discretionary Powers**: If the will grants discretionary powers to the trustee, they may have the authority to make unequal distributions if deemed just.
Your concern seems to be about the unequal distribution favoring two beneficiaries. This could potentially be a breach if it is not justified under the discretionary powers granted by the will.
Could you please specify your location in Kenya for precise local resources or court information?
But the will called for equal division
In Kenya, the Law of Succession Act and Trustee Act require trustees to act impartially and in the best interest of all beneficiaries. If the will calls for an equal division but the trustee has made unequal distributions, you may have grounds to challenge it.
Could you please specify your location in Kenya for more detailed local resources or court information?
Even with the discretion clause?
The discretion clause provides trustees with the flexibility to allocate assets as they see fit, but they must still act in the best interest of all beneficiaries and follow the will's overall intent. If the will mandates equal division, the discretion should not violate this directive.
To provide you with more specific advice, could you please specify your location in Kenya?
In your opinion does the will mandate for equal division?
In your situation, the will seems to mandate an equal division among the specified beneficiaries. However, the discretionary clause allows the trustee some flexibility. If the trustee's actions significantly deviate from the will's intent, it could be challenged.
Where in Kenya are you located for more precise local resources or court information?
Yeah, but the trustee has significantly deviated
In Kenya, trustees must act in accordance with the will and the Law of Succession Act. If the trustee has significantly deviated from an equal division mandated by the will, you may have grounds to challenge their actions.
Could you please specify your location in Kenya for more precise local resources or court information?
Has she breached trustee act?
Based on the information provided:
- Trustees in Kenya must act in accordance with the will and the Law of Succession Act.
- They must act impartially and in the best interest of all beneficiaries.
- If the will mandates equal division and the trustee deviates significantly, it could be a breach.
Could you please specify your location in Kenya for more precise local resources or court information?
Then why have such a clause?
The discretionary clause is included to provide trustees with some flexibility in managing and distributing the estate's assets. It allows them to make decisions that could best serve the beneficiaries' interests under specific circumstances. However, this discretion must be exercised within the overall framework and intent of the will.
Could you please specify your location in Kenya for more precise local resources or court information?
Has the trustee acted illegally?
To determine if the trustee has acted illegally in Kenya, consider:
- **Trustee Act**: Requires trustees to act impartially and in beneficiaries' best interests.
- **Law of Succession Act**: Mandates following the will's directives.
- **Discretion Clause**: Provides flexibility but must align with the will's intent.
Can you specify your location in Kenya for precise local resources or court information?
Is the testator clear in his overall intentions
To assess whether the testator's intentions are clear, consider the following points:
- **Clarity of Bequests**: Are the beneficiaries and their respective shares explicitly stated?
- **Discretionary Powers**: Is the scope of the trustee's discretion well-defined?
- **Consistency**: Do the clauses in the will align without contradictions?
Could you specify your location in Kenya for more detailed local resources or court information?
fI my said wife shal die before me then Ibequeath my Residuary Estate ot hte folowing persons ni the folowing percentage: *.* *.* *.*.* one quarter (*/*) of my Residuary Estate ot my daughter JOTINDER KAUR MATHARU fi she shal survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son SAWRAJ SNIGH NAGI fi he shall survive me absolutely; and *.*.* one quarter (*/*) of my Residuary Estate ot my son HARPAL SNIGH NAG fi he shal survive me absolutely; and one quarter (*/*) of my Residuary Estate ot my daughter in-law DAVINDER KAUR NAGI (wife of the late Davinder Singh Nagi) fi she shal survive me absolutely,
The will clearly mandates an equal division of the residuary estate among the specified beneficiaries. The discretionary clause allows for flexibility, but it should not override the equal division stated in the will.
To provide more precise local resources or court information, could you please specify your location in Kenya?
Has the trustee breached her duty?
Based on the information provided:
- **Equal Division Mandate**: The will clearly states an equal division of the residuary estate.
- **Discretionary Clause**: Provides flexibility but should not override equal division.
- **Trustee's Actions**: If the trustee's distribution significantly deviates from the equal division, it could be a breach.
Where in Kenya are you located for more precise local resources or court information?
What laws has trustee breached?
Based on the information you've provided, the trustee may have breached the following laws in Kenya:
- **Trustee Act**:
- Duty to act impartially and in the best interests of all beneficiaries.
- Requirement to administer the estate according to the will.
- **Law of Succession Act**:
- Mandate to follow the clear directives of the will, which calls for equal division.
Could you specify your location in Kenya for more detailed local resources or court information?
Even with the discretionary clause?
The discretionary clause offers flexibility but does not permit trustees to disregard the will's clear directives. If the will mandates equal division, the trustee must honor this despite having discretionary powers.
Can you specify your location in Kenya for more precise local resources or court information?
Does Kenyan courts look at the spirit of the will?
Yes, Kenyan courts do consider the spirit of the will. They aim to honour the testator's intentions as expressed in the will, provided they do not conflict with legal requirements or public policy.
Could you please specify your location in Kenya for more precise local resources or court information?
In this case is the will clear on intention?
The will appears clear in its intention to equally divide the residuary estate among the specified beneficiaries. However, the discretionary clause allows some flexibility, which must be exercised within the framework of the will's overall intent.
Could you please specify your location in Kenya for more precise local resources or court information?
Has the trustee breached the succession act?
Based on your description:
- **Equal Division Mandate**: The will clearly states an equal division of the residuary estate.
- **Discretionary Clause**: Provides flexibility but should not override equal division.
- **Trustee’s Actions**: If the trustee's distribution significantly deviates from an equal division, it could be a breach of the Law of Succession Act.
Could you please specify your location in Kenya for more detailed local resources or court information?