Estate Allocation Clause Explained

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Summary

The clause in the will grants trustees the authority to allocate assets to fulfill legacies or shares in the residuary estate without needing consent from beneficiaries. However, trustees must act in good faith and in the best interests of the estate. The trustee does not inherit the estate or have the power to create a new will. If the trustee disregards the original will and creates a new one, it could be a breach of trust. Under Kenyan law, a trustee cannot make a new will. Legal advice should be sought in MurangA to address any misunderstandings or breaches of trust.

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does this mean the trustee is free to allocate as she desires?
Yes, the clause implies that the trustee has the discretion to allocate the assets as they deem just, without requiring consent from beneficiaries. However, they must act in good faith and in the best interests of the estate.
does this mean the entire estate comes to the trustee and she can make a will?
No, the trustee does not inherit the estate or have the power to make a will. They only manage and distribute the assets of the estate according to the testator's will and in the best interest of the beneficiaries.
but the trustee has made a will, thinking the testator has given her the estate
It sounds like a misunderstanding. The trustee's role is to manage and distribute the estate as per the testator's will, not to inherit it or make a new will. If you think there's an issue, you might want to consult a lawyer.
but the will states equal division
The clause in the will stating "equal division" generally means that the estate should be divided equally among the beneficiaries. If the trustee is not adhering to this, it may be a breach of trust. For official legal advice, you may want to consult a lawyer.
she has disregarded the original will and made her own will
It sounds like there's a serious issue here. Making a new will is beyond the trustee's authority. Legal action may be necessary. I recommend you seek advice from a lawyer in Murang'A.
she thinks the cluase means that the testotor has passed everything to her and she has the power to allocate the estate how she feels fit
This seems like a misunderstanding of the trustee's role. The trustee's duty is to manage the estate as per the will, not to inherit or redistribute it as per her discretion. This could be a breach of trust. It's advisable to seek legal advice in Murang'A.
can you interpret pdf documents/
I'm sorry for any confusion, but as a legal information service, I can't directly interpret PDF documents. However, I can provide general legal information based on the content you share. Please copy and paste the text you need help with.
kindly break down the clause
The clause you provided gives the trustees the authority to:
- Determine how to allocate assets from the estate to fulfill any legacies, shares or interests in the residuary estate.
- Make these decisions without requiring the consent of any beneficiaries.
- Evaluate the assets as they see fit.
However, they must act in good faith and in the best interests of the beneficiaries. They do not have the right to make a new will or claim the estate for themselves.
in kenyan law can a trustee make a will/
No, under Kenyan law, a trustee cannot make a will. A trustee's role is to manage and distribute the estate as per the provisions of the testator's will, not to create a new will. If there's a misunderstanding regarding this, it's advisable to seek legal advice.
she was advised by a lawyer that the testator has left the estate and she can make a new will
It seems there's been a misunderstanding. A trustee cannot create a new will under Kenyan law. They only manage the estate according to the testator's will. I'd recommend seeking a second opinion from another lawyer in Murang'A.
does her will supersede the original will?
No, her will does not supersede the original will. As a trustee, she doesn't have the authority to create a new will that would override the testator's. This is a serious issue; I recommend you consult a lawyer in Murang'A.
please explain the cluase again in much simpler terms
The clause gives the trustees the power to decide how to distribute the assets of the estate to fulfill any legacies or shares. They can do this without needing permission from anyone else. However, they can't make a new will or claim the estate for themselves.