Why family trusts protect and grow wealth across generations

The Law of Succession serves an essential purpose. It governs how assets are transmitted upon death, validates testamentary wishes, and provides a court-supervised process through probate.

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When wealth disputes make headlines, the story is often framed as family conflict. But the real issue is rarely the conflict itself, it’s the lack of structure. The recent estate proceedings of the late David Majanja, alongside high-profile disputes such as the protracted litigation over Jomo Kenyatta’s estate, remind us of a sobering truth: even substantial wealth can be vulnerable when governance is unclear.

Each time such cases surface, families ask the same question: is drafting a will enough? For decades, estate planning in Kenya has largely meant one thing, writing a will. But a will was never designed to preserve wealth; it was designed to distribute it. And in today’s economic environment, distribution without structure is often insufficient.

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Note: The results are not exact but very close to the actual.