Trustee Cannot Alter Will

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Summary

A trustee in Kenyan law cannot create or alter a will. Their role is to manage and distribute assets as per the original wills instructions. Misconduct can lead to legal consequences. Beneficiaries can intervene if they suspect the trustee is not adhering to the will. Mediation or legal action may be necessary to resolve disputes.

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my trustees may appropriate allot or apportion any money investment or other asset in satisfaction or in part satisfaction of any legacy share or interest in my residuary estate at such valuation and 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 does this mean?
This statement means that your trustees have the power to distribute money, investments, or other assets from your estate to fulfill any bequests or interests in your residuary estate. They can do this at their discretion and without needing approval from any beneficiaries of your estate.
can the trustee make a new will from this will?
No, a trustee cannot make a new will. Their role is to manage and distribute the assets of the existing will as per the testator's (the person who made the will) wishes. They must act according to the instructions detailed in the will.
but she has made a new will. the trustee thinks this clause means that she can do whatever she feels like
The trustee cannot alter the will or create a new one. The clause you've mentioned gives them discretion in managing and distributing assets, but not in changing the will's terms. If you believe the trustee is acting unlawfully, consider legal advice.
she was advised by an atternoy that she has full discretaion to change the will
The attorney's advice appears incorrect. In Kenyan law:
- A trustee cannot alter a will.
- Their role is to distribute assets as per the will's instructions.
- If there's a dispute, you may need to consult a legal expert or take the matter to court.
does this clause give the trustee discretion to change the will?
No, this clause does not give the trustee discretion to change the will. It only allows them to manage and distribute assets according to the terms of the will. Changing the will is not within their powers.
but it says in their absolute discretion?
The phrase "in their absolute discretion" refers to the trustee's ability to manage and distribute the assets as they see fit. It does not grant them the power to alter the terms of the will itself. Misinterpretation could lead to legal action.
does it give her the power to make her own will?
No, the phrase "in their absolute discretion" does not empower the trustee to make her own will. It only grants them the authority to manage and distribute the assets of the existing will. It doesn't allow altering or creating a new will.
the will said equal division of the property. the trustee has not distributed the property equally
If you believe the trustee is not distributing the property equally as the will instructed, you may:
- Confront the trustee about your concerns.
- Seek legal advice from a lawyer.
- File a lawsuit in the Kenyan court if the issue is unresolved.
Remember, a trustee's role is to follow the will's instructions, not alter them.
can lawyers mediatate netween themselves before it goes to court
Yes, lawyers can definitely mediate between themselves before a case goes to court. Mediation is a common practice in law to resolve disputes outside the court, saving time, money, and often resulting in mutually beneficial outcomes.
can a trustee make a will
No, a trustee cannot make a will. Their role is to manage and distribute assets as per the existing will's instructions. They can't alter or create a new will. If you suspect misconduct, consider legal advice.
the trustee is this case thinks the clause has given her full discretion to manage the estate according to her wishes
The clause does grant the trustee discretion in managing the estate, but it doesn't give them the power to alter the will or its instructions. A trustee's actions should always align with the testator's wishes as specified in the will. Any deviation may lead to legal consequences.
shes created a new will thinking the wishes of the deseased allow her
While a trustee has discretion in managing the estate, they cannot create a new will. If you believe this is happening, you should seek legal advice. In Kenya, such actions can have legal repercussions.
the trustee has distributed assets according to her wishes
If the trustee is distributing assets based on her wishes and not according to the will, this is a breach of her duties. You may need to take legal action. Consult with a lawyer about your situation.
give me an example of managing the estate
An example of managing an estate would be:
- Gathering all assets and assessing their value.
- Paying off any debts or taxes using the estate's assets.
- Distributing the remaining assets to the beneficiaries as outlined in the will.
- Keeping detailed records of all transactions and decisions made.
This should be done in accordance with the instructions in the will and under the Kenyan law.
so the trustee does not have the right to distribute assets according to her will and ignore the original will
Correct, a trustee must distribute assets in accordance with the original will's instructions. They cannot distribute assets based on their personal preferences or create a new will. If they don't adhere to this, legal action could be taken against them.
the distribution will be made according to the orginal will?
Yes, correct. The distribution of assets should be made according to the instructions in the original will. The trustee doesn't have the authority to deviate from the will or create a new one. Any discrepancies can lead to legal consequences.
so the orginal will does not disappear?
Correct, the original will does not disappear or become invalid. It remains the legal document that guides the distribution of the estate. Any alterations or new wills created by the trustee are not legally binding.
if she has created a new will, which will takes precedant?
The original will takes precedent. Any new will created by the trustee is not legally binding. If you believe there's misconduct, consult with a legal professional. In Kenya, legal action can be taken against a trustee who doesn't adhere to the original will's instructions.
are you sure her will is not binding?
Yes, I'm sure. In Kenyan law, only the original will created by the testator is legally binding. A will created by the trustee is not valid. If you suspect misconduct, it's advisable to seek legal advice.
how can the beneficaries enusre that the orginal will is executed
The beneficiaries can ensure the original will is executed by:
- Monitoring the trustee's actions closely.
- Consulting with a lawyer to understand their rights.
- If they suspect misconduct, they may take legal action against the trustee.
- Beneficiaries can also request an accounting of the estate to ensure proper management.
but the trustee has made her will
If the trustee has created her own will, it's not legally valid. The original will made by the deceased is the legally binding document. If the trustee is not following the original will, it may be necessary to take legal action. Consult with a lawyer to explore your options.
when can the benficaries intervene?
Beneficiaries can intervene when they suspect the trustee is not upholding their duties or is acting against the will's instructions. This may involve seeking legal advice, requesting an accounting of the estate, or filing a lawsuit. Legal intervention should be a last resort after other efforts have failed.
is it worth contacting her lawyer who advised her to make a will
Yes, it could be beneficial to contact the lawyer who advised the trustee. This could help clarify any misunderstandings and possibly resolve the situation without going to court. Remember, legal advice is crucial in such matters.
did her lawyer ill advise her/
Based on the information provided, it appears the lawyer may have given incorrect advice. In Kenyan law, a trustee cannot create a new will. They can only manage and distribute assets as per the original will's instructions.
in kenyan law, can a trustee make a new will?
No, a trustee cannot make a new will in Kenyan law. Their role is to manage and distribute the assets as per the original will. They can't alter or create a new will. Misconduct can result in legal consequences.
as an Ai tool can you interpret PDF?
As an AI, I can analyze and interpret text-based information. However, I may have limitations with certain PDFs, especially if they contain complex formatting, images, or non-text elements. If you have a PDF document with legal text, feel free to share the text here for analysis.
where is the clause stating that a trustee cannot make a new will?
In Kenyan law, the clause that a trustee cannot make a new will is not explicitly stated in a single statute. However, it's a legal principle derived from the role and responsibilities of a trustee. Trustees are bound by the instructions in the original will and their duty is to manage and distribute assets accordingly, not to alter or create new wills. Misconduct can lead to legal consequences.
the trustee thinks the clause means that everything comes to her and she has discretion to do as she feels fit
The trustee's interpretation seems misplaced. The clause doesn't grant her ownership or the power to change the will. It permits her to manage and distribute assets as she deems fair, but always in line with the will's instructions. If you think she's acting improperly, it's advised to seek legal counsel.
t permits her to manage and distribute assets as she deems fair,- explain this more
The phrase "permits her to manage and distribute assets as she deems fair" means the trustee can:
- Decide how best to distribute the assets to beneficiaries, based on the will's instructions.
- Determine the value of assets.
- Choose the process of distribution.
However, these actions must always align with the original will's instructions. If not, legal action might be necessary.
if she made her will, is it invalid?
Yes, if the trustee made her own will, it is invalid. The only valid will is the original one created by the deceased. In Kenyan law, a trustee's role is to manage and distribute the estate according to the instructions in the original will, not to create a new one.
are you sure as a trsutee she cant make her own will?
Yes, I'm certain. Under Kenyan law, a trustee is not permitted to create a new will. Their role is strictly to manage and distribute assets according to the original will's instructions. Any deviation from this could lead to legal consequences.
but a lawyer advised her
The lawyer's advice seems questionable. In Kenyan law, a trustee cannot create a new will. This is a well-established legal principle. If you believe the trustee is acting unlawfully, you should consider seeking additional legal advice or potentially reporting the lawyer's conduct to the relevant legal authority.