Will Dispute In Kenya

Summary

The user is dealing with a will and trusts issue in Kenya. The Law of Succession Act (Cap 160) governs wills in Kenya, requiring them to be in writing and signed by the testator in the presence of two witnesses. Trustees must act in the best interests of beneficiaries and cannot alter the distribution of the estate unless explicitly allowed by the will or court order. The trustee has broad discretion but must act fairly and in good faith. If the trustees actions contradict the will, legal redress can be sought. Steps to challenge include gathering evidence, consulting a lawyer, and filing a petition in court.

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Country is Kenya.

Based on the information provided, it seems you are dealing with a will and trusts issue in Kenya. Here are some key points relevant to wills and trusts under Kenyan law:
- **Wills**:
- The Law of Succession Act (Cap *) governs wills in Kenya.
- A will must be in writing and signed by the testator or another person in the testator's presence and under their direction.
- The testator must sign the will in the presence of two or more competent witnesses.
- **Trustees**:
- Trustees must act in the best interests of the beneficiaries.
- Trustees have the power to invest the estate's assets prudently.
- **Beneficiaries**:
- Beneficiaries must survive the testator by at least thirty days to inherit.
- If a beneficiary predeceases the testator, their share may pass to their issue (children).
Would you like information on how to formally execute this will in Kenya, or do you have a specific concern regarding the provisions you've outlined?

trsutee, in this case the wife has changed the distributions of the estate

It appears there may be an issue with the trustee altering the distribution of the estate contrary to the will's provisions. Here are some general points regarding trustees' duties in Kenya under the Law of Succession Act:
- **Trustee Duties**:
- Trustees must act in accordance with the will and in the best interests of the beneficiaries.
- Trustees cannot alter the distribution of the estate unless explicitly allowed by the will or by court order.
Could you specify how the trustee (the wife) has changed the distribution? This detail will help in providing more tailored guidance.

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, there’s this clause

Based on the clause you mentioned, it appears that the trustee (your wife) has the discretion to appropriate, allot, or apportion assets as she deems just. However, this discretion must still align with the overall intent and provisions of the will.
Here are some key considerations:
- **Trustee's Discretion**:
- The trustee has broad discretion but must act fairly and in good faith.
- The actions should not contradict the fundamental directions of the will.
- **Legal Oversight**:
- If you believe the trustee is acting outside the boundaries of their discretion, you can seek legal redress.
Would you like information on how to challenge the trustee's actions in Kenyan courts?

*.* 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,

Given the specifics of your will, it seems your wife, as a trustee, has broad discretion to manage the estate but must do so in alignment with the will's provisions.

Key Points to Consider:
- **Trustee's Discretion**:
- Must act fairly and in good faith.
- Actions should not contradict the will's fundamental directions.
- **Beneficiaries**:
- The will specifies clear percentages for each beneficiary.
- If a beneficiary predeceases the testator, their share should pass to their issue.

Legal Oversight:
- **Seek Court Intervention if Needed**:
- If the trustee's actions seem to contradict the will, you can challenge this in court.

Steps to Challenge Trustee Actions:
*. **Gather Evidence**: Collect all relevant documents and communications.
*. **Legal Advice**: Consult a lawyer specializing in succession and trust law.
*. **File a Petition**: Submit a petition to the court detailing the trustee's alleged mismanagement.
Would you like information on how to start a legal challenge in Kenya?

Trustee has a life interest in the property

Given the trustee (your wife) has a life interest in the property, here are some important considerations under Kenyan law:
- **Life Interest**:
- The trustee has the right to use the property during her lifetime.
- Upon her death, the property should be distributed according to the will's provisions.
Would you like guidance on how life interest affects the distribution of the estate or how to proceed legally if there's a dispute?

But what the discretion clause. And the conditional distribution clause about the divisions.

Certainly, let's break down the discretion clause and the conditional distribution clause:

Discretion Clause:
- **Trustee's Authority**: The trustee (your wife) has the power to appropriate, allot, or apportion any money, investment, or asset in satisfaction of any legacy or share.
- **Fairness and Good Faith**: This must be done fairly and in good faith, respecting the overall intent of the will.
- **No Consent Required**: The trustee can do this without needing consent from beneficiaries.

Conditional Distribution Clause:
- **Conditions for Distribution**: If your wife predeceases you, the residuary estate is divided among specified beneficiaries (your children and daughter-in-law) in equal shares.
- **Substitution Rule**: If any of these beneficiaries predecease you, their share passes to their issue (children) equally.
- **Accrual Clause**: If any trust declared in the will fails, the share is added equally to the other beneficiaries' shares.
Would you like more details on how these clauses might affect the management of the estate or the beneficiaries' rights?

She has made a new will and made u fair distribution

If the trustee (your wife) has created a new will and altered the distribution of the estate contrary to the original will's provisions, this could be a significant legal issue.

Key Points to Consider:
- **Original Will**:
- Governed by the Law of Succession Act (Cap *) in Kenya.
- Specifies clear instructions for asset distribution.
- **Trustee's Authority**:
- While your wife has broad discretion, she must still act within the bounds of the original will.
- Any significant deviations or a new will that contradicts the original may be legally challenged.

Steps to Challenge the New Will:
*. **Gather Evidence**:
- Collect all versions of the will, communications, and any relevant documents.
*. **Consult a Lawyer**:
- Seek advice from a lawyer specializing in succession and trust law in Kenya.
*. **File a Petition**:
- Submit a petition to the court detailing the discrepancies and requesting the enforcement of the original will.
Would you like more detailed information on how to proceed legally in Kenyan courts?

But there’s the discretion clause

The discretion clause allows the trustee (your wife) to manage and distribute the estate as she deems fit, provided it aligns with the overall intent of the will and is done fairly and in good faith. However, creating a new will that contradicts the original will is likely outside the bounds of her discretion.

Key Points:
- **Trustee's Discretion**:
- Must act fairly and in good faith.
- Cannot contradict the original will's intent.
- **Legal Oversight**:
- You can challenge any actions that significantly deviate from the original will.

Steps to Challenge the New Will:
*. **Gather Evidence**: Collect all relevant documents.
*. **Consult a Lawyer**: Seek advice from a succession law expert.
*. **File a Petition**: Submit a petition to the court.
Would you like more details on how to start a legal challenge in Kenya?

Will Dispute In Kenya

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