what we do
Adili Fiduciary Services
Trust assets no longer form part of the settlor’s estate so will not be subject to the delays and vagaries of the court driven probate process. They can also benefit from creditor protection, including trade creditors, claims on divorce or claims from dependants.
Trusts can hold a variety of assets, including shares in a business enabling continued trading after death or incapacity and avoids the delays and complications of the probate process. Trusts can also be sharia compliant and consistent with the tenets of the Islamic faith.
Adili Executor Services
Adili Executor Services (AES) is an independent corporate executor providing executorship services to individuals in relation to their wills.
Why have a will and appoint an executor?
Executors are the people you name in your will to carry out your wishes after you die. It is a complicated process and may include:
- reading of the will
- understanding the duties and responsibilities of an executor
- preparing an inventory of assets with valuations
- meeting advocates to prepare the High Court probate application
- appearing in High Court for the probate hearing
- understanding the needs of beneficiaries
- resolving conflicts between beneficiaries
- instructing advocates if there is a claim against the deceased’s estate
- defending any claims
- distribution of the assets to beneficiaries after probate is completed
Imposing these duties on a family member or friend is a huge responsibility, and of course individuals appointed as executors may also die or become incapacitated before probate is completed.
In Kenya, when a person dies without a will the estate is distributed in accordance with a strict fixed order of priority of beneficiaries set out in the Law of Succession Act of Kenya. Without a will the court has discretion as to who administers the estate, and if there is no next of kin the Public Trustee or the creditors of an estate may be granted this role.
Competent legal advice is vital to make a valid effective will that complies with local legislation of the assets’ jurisdiction.