Trustee Discretion In Estate

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Summary

The clause grants trustees significant discretion in distributing estate assets without needing beneficiary consent. However, it does not mean the testator has passed everything to the trustee. The trustee cannot create a will from the testators will. The trustees role is to manage and distribute assets according to the testators instructions. If there are concerns about the trustees discretion or the assets involved, it may be beneficial to seek legal advice.

Full Conversation

does this mean the trustee can distribute the estate as she wishes?
The clause primarily grants the trustee significant discretion in distributing the estate. They can:
- Distribute assets to satisfy legacies or interests in the estate.
- Decide the value and manner of distribution at their discretion.
- Do so without needing consent from beneficiaries.
Is there a specific concern about how the trustee might use this discretion?
does this mean the testaor has passed everything to the trustee?
The clause indicates that the trustee has significant discretion in distributing the estate but does not necessarily mean the testator has passed everything to the trustee. It simply allows the trustee to manage and distribute the estate assets according to their discretion.
Is there a specific concern you have about the trustee's discretion or the assets involved?
yes. the trustt has made her will as she thinks this clause means everything has been passed to her
The clause you've mentioned gives the trustee significant discretion in distributing the assets of the estate but does not mean that everything has been transferred to the trustee.
~High Court of Kenya, Nairobi~
Phone: +* * * *
Address: P.O. Box *-*, Nairobi, Kenya
Website: www.judiciary.go.ke

Would you like more detailed information on the powers and limitations of trustees under Kenyan law?
can she make a will
Yes, she can make a will. Any person of sound mind and who has attained the age of 18 years can make a will under Kenyan law.
Would you like guidance on how to draft a will or specific legal requirements for making a will in Kenya?
no can she make a will from the testoatrs will
No, a trustee cannot make a will from the testator's will. A will is a personal document that expresses the wishes of the testator. The trustee's role is to manage and distribute the assets according to the testator's instructions in the will.
Is there a specific concern or detail you'd like to address regarding this?