Family & Children's Rights
Trusts & Estate Planning in Kenya
Trust deeds, wills and succession plans that protect what you have built — for your family and your business.
Without a will or trust, your estate is distributed under the intestacy rules and your family must wait for a court grant before assets can be dealt with. Plan while the choices are still yours.
Do any of these situations sound familiar?
You want family property, investments or a family business to pass smoothly to the next generation without disputes.
You have dependants — young children, elderly parents or family members with special needs — whose long-term care you want to secure.
A family member has died and you need guidance on probate, letters of administration and distributing the estate.
You're not alone. Our advocates deal with these exact situations every week. Speak to us today →
Our Trusts & Estate Planning Practice
Estate planning is about making sure that what you have built is protected and passes to the people you intend, with as little cost, delay and conflict as possible. We advise individuals, families and business owners in Kenya and in the diaspora on wills, trusts and succession planning — and on how these fit together with their property, investments and family businesses.
Our trust work covers the formation of private family trusts and the preparation of trust deeds, the appointment and duties of trustees, and the incorporation of trustees as a body corporate under the Trustees (Perpetual Succession) Act where appropriate. We advise on transferring property and shareholdings into trust, on ongoing trust administration, and on the governance arrangements that keep family wealth structures working across generations.
For succession planning, we prepare wills that comply with the Law of Succession Act, advise on reasonable provision for dependants, and plan for the continuity of family businesses. Where a family member has died, we guide executors and families through the grant of probate or letters of administration and the distribution of the estate. Trusts, wills and succession arrangements are reviewed together so that they work as one coherent plan.
How We Work With You
Initial Consultation
We listen, understand your matter, assess urgency and give you a clear view of your legal options.
Strategy & Planning
We build a defined legal strategy with milestones, timelines and a transparent cost estimate.
Expert Execution
Our senior advocates handle all filings, negotiations, documentation and court appearances.
Resolution & Follow-Up
We secure the outcome, ensure it's properly documented and follow up on implementation.
How We Can Help
Trust Deed Formation
Private family trusts and trust deeds tailored to the family's objectives.
Trustee Incorporation & Governance
Incorporation of trustees, trustee duties and ongoing trust administration.
Wills & Testamentary Planning
Wills that meet the requirements of the Law of Succession Act.
Succession Planning
Continuity planning for family businesses, shareholdings and property portfolios.
Probate & Estate Administration
Grants of probate and letters of administration, and distribution of estates.
Diaspora & Cross-Border Estates
Planning for clients who live abroad or hold assets in more than one country.
Why Clients Choose WTT Lichuma Advocates LLP
EBS Presidential Honour — Senior Partner
Led by Mrs. Winfred Osimbo Lichuma, EBS — over three decades of experience and former Chairperson of the National Gender and Equality Commission.
International & Regional Reach
We undertake domestic, regional and international assignments — bringing world-class legal standards to every matter.
Dedicated Legal Team
Advocates of the High Court of Kenya assigned to your matter from instruction to conclusion.
Plain-Language Communication
We explain your legal position clearly at every stage. No jargon. Just clear, actionable guidance.
Your Trusts & Estate Planning Team
Frequently Asked Questions
Common questions our clients ask about trusts & estate planning in Kenya.
A will takes effect on death and the estate must go through the probate process before it is distributed. A trust can take effect during your lifetime: assets are transferred to trustees who hold and manage them for the beneficiaries under the terms of the trust deed. Trusts can provide continuity, privacy and structured provision for beneficiaries, and many families use both.
Common reasons include keeping family property and businesses intact across generations, providing for minors or dependants who cannot manage assets themselves, reducing the risk of succession disputes, and avoiding the delay of probate for assets already held in trust. The trust deed should be tailored to the family's circumstances and objectives.
The estate is distributed according to the intestacy rules in the Law of Succession Act, which set out how the estate passes to a surviving spouse, children and other relatives. A family member must apply to court for letters of administration before the estate can be dealt with — a process that can be slower and more contentious than administering an estate under a valid will.
Yes. A written will must meet the formal requirements of the Law of Succession Act, including being signed by the person making it and attested by two competent witnesses. We prepare wills for Kenyans in the diaspora and advise on how assets in Kenya and abroad should be addressed.
Have a question not covered here? Ask one of our advocates →
Who We Serve
Related Practice Areas
Take the Next Step
Ready to Resolve Your Trusts & Estate Planning Matter?
Speak with our advocates in Karen, Nairobi or Kakamega. Request a consultation and we will respond the same business day.
Tana House, Karen Shopping Centre, Karen, Along Lang'ata Road, 3rd Floor, Room 309 | Regulated Advocates | Commissioners for Oaths & Notaries Public