Legal Brief: Trustees (Perpetual Succession) Act vs. Trust Administration Bill, 2025

The Trust Administration Bill, 2025 represents a significant development in Kenya's trust law framework. This legal brief examines the key provisions of the proposed legislation and contrasts them with the existing Trustees (Perpetual Succession) Act.

The current Act, which has governed the incorporation of trustees since its enactment, has long been considered inadequate for addressing the complexities of modern trust administration. The proposed Bill seeks to introduce comprehensive reforms.

Key changes include enhanced reporting requirements for trustees, stricter governance standards, expanded powers for the regulatory authority, and improved mechanisms for beneficiary protection.

Organisations currently operating under the Trustees Act should begin preparing for the transition by reviewing their governance structures and ensuring their documentation is up to date.