Distinction between Law of succession and law of trust

  • The law of succession is concerned with the disposition of property after death.
  • It deals with the devolution of a deceased’s estate
  • It is concerned with ascertaining and giving effect to the wishes of the deceased and providing for dependants.
  • The bulk of the law of succession in Kenya is contained in the Law of Succession Act Cap 160.
  • The law of trust is concerned with circumstances in which persons expressly, impliedly or constructively hold property on behalf of others.
  • It deals with the rights and duties of trustees and beneficiaries.
  • It also prescribes remedies for breach of trust.
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