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Trusts lawyers in Kenya: what to know before you hire
A guide by LawzanaOfficial sources checked 28 October 2026.
Trustees hold assets for beneficiaries or a lawful purpose. For a family trust, identify the assets and beneficiaries, choose trustees, and arrange registration or incorporation of the written trust.
This guide covers law and procedure in Kenya.
- Written trusts
- Register or incorporate
- A claimant under an unregistered, unincorporated written trust may seek court recognition. [1]
When a lawyer can help
Create a family trust
You want to establish a family trust.
Draft the deed, identify beneficiaries and set rules for managing and distributing the assets. [1]
Handled by:
Arrange registration or incorporation of the family trust.
Lawyer recommended
Establish a charitable trust
You want a trust devoted exclusively to poverty relief or advancing education or religion.
Define the charitable objects and prepare the trust deed and application. [1] [2]
Handled by:
Apply to the Registrar of Trusts; charitable trusts need at least three individual trustees or one corporate trustee.
Lawyer recommended
Create a non-charitable purpose trust
You want assets held for a specific lawful purpose, potentially without named beneficiaries.
Define an achievable lawful purpose and specify what happens to surplus assets when the trust ends. [1] [2]
Handled by:
Apply to the Registrar of Trusts; use at least three individual trustees or one corporate trustee.
Lawyer recommended
Record a trustee appointment
You have been appointed as a trustee and need to record your appointment.
Prepare the appointment documents, consent and notification. [3]
Handled by:
Notify the Registrar within 21 days of appointment, with the required consent and prescribed fee.
Lawyer recommended
Resolve a trust dispute
A trustee or beneficiary disputes how the trust is being run.
Present your claim through the deed's dispute procedure or in court. [4]
Handled by:
Use the trust deed's dispute mechanism; if it has none, the High Court of Kenya has jurisdiction.
Lawyer recommended
Before you hire a lawyer
Questions to ask
- What experience do you have with trusts like the one I am considering?
- How would you assess whether this arrangement suits my goals?
- Who would handle my matter day to day?
- How will you explain decisions and keep me updated?
- When could you start, and do you have capacity for ongoing support?
- Can we meet remotely or in person?
What to bring
- Your trust deed and any amendments, if available.
- Any registration or incorporation certificate you have.
- An asset list and available ownership records.
- Notes on intended beneficiaries and distributions.
- Relevant correspondence, accounts and appointment records.
Check your lawyer's registration with Guidance on verifying advocates' status. [8]
Costs and free help
Questions about lawyer charges
- Is there a charge for the first consultation?
- How will you calculate your fees?
- Does the quote include filings, asset transfers, tax advice, taxes and expenses?
- Will you provide a written quote describing the included work and payment stages?
Common questions
Can I benefit from a trust I establish?
Yes. A settlor may be a trustee, beneficiary or enforcer, but cannot be the sole beneficiary of a trust they establish. [1]
Can I later revoke the trust?
Section 7 treats a trust as irrevocable unless its deed expressly gives a power of revocation. If the settlor does not exercise that power during their lifetime, a revocable trust becomes irrevocable. [1]
What is the compliance deadline for an existing trust?
Existing trusts must comply with the Trust Administration Act, 2026 within 24 months of 25 September 2026, unless the Registrar directs a different period. Plan towards 25 September 2028. [5]
Can a trust be used to evade creditors?
A court may declare a trust void if it is proven to have been made for fraudulent purposes, including evading the settlor's creditors. [1]
Official and free help
Business Registration Service
General BRS queries and call-centre enquiries.
+254 11 112 7000Sources: [6]
Public Trustee online services
Access Public Trustee trust administration services through your eCitizen account.
Sources: [7]
Laws that may affect your matter
- Trust Administration Act, 2026
- Registration, incorporation, management and regulation of trusts and trustees. [1]
Sources (10)
- 28-FORMATTED The Trust Administrationt Act pdf ↩ brs.go.ke
- Trust Administration Act 2026 Kenya: Registration & Compliance ↩ www.wka.co.ke
- The Trust Administration Act, 2026 | Legal Insights | Wanjiru Nyaguthi & Company Advocates ↩ wnyaguthilaw.com
- ENS - News - Kenya’s Trust Administration Act, 2026 officially takes effect ↩ www.ensafrica.com
- Kenya Trust Administration Act 2026: key compliance requirements ↩ www.africa-legal.com
- Contacts - Business Registration Service ↩ brs.go.ke
- THE PUBLIC TRUSTEE ↩ publictrustee.ecitizen.go.ke
- Advocates – The Judiciary ↩ judiciary.go.ke
- Trust Administration Act 2026: Kenya’s New Trust Law www.pmlaw.co.ke
- Trust Administration Act 2026 Kenya: What Changes | E.N. Kihungu & Co. Advocates LLP www.enkihunguadvocates.com
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This is general information, not legal advice; check current laws, fees and procedures with a lawyer or the relevant official body.
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