For Kenyans considering a Family Trust, there has arguably never been a better time to establish one.
Although Trusts have existed in Kenya for many years, the legal framework was historically not well adapted to the needs of modern Family Trusts. Family Trusts were not expressly recognised under the Trustees (Perpetual Succession) Act, and the process of establishing a Family Trust was lengthy, cumbersome and uncertain.
The 2021 amendments to the Trustees (Perpetual Succession) Act marked an important turning point. They formally recognised Family Trusts in Kenyan law, making it clearer how they could be created and administered. Just as importantly, the amendments made the process of registering and incorporating a Trust simpler and faster.
The Trust Administration Act, 2026 marks another significant step forward. Assented to on 8 September 2026 and effective from 25 September 2026, the Act introduces a single, consolidated law for the registration and administration of Trusts in Kenya.
Practice area