Succession planning is becoming critical for families in Kenya. As wealth expands, family structures shift, and business interests extend across generations. The stakes are higher than ever, with families seeking structures that can preserve legacy, minimise conflict, and ensure continuity across multiple generations.
One tool that has gained prominence in this landscape is a trust. Put simply, a trust is a legal arrangement whereby a settlor transfers assets to a trustee to manage and invest for the benefit of chosen beneficiaries in accordance with the settlor’s directions. Increasingly, trusts are being recognised not just as legal instruments, but as strategic vehicles for long-term wealth protection, governance, and orderly succession.
Our director, Mona Doshi, sat down with the Business Daily to discuss why trusts are becoming central to wealth succession conversations in Kenya, what families should consider when establishing one, and how thoughtful planning today can safeguard tomorrow.
Below is the full Q&A.
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Kindly introduce yourself and Adili Fiduciary Services Ltd (“AFS”) to our readers.
My name is Mona Doshi, and I am a Director at AFS. I am also a wealth planning lawyer and Partner at ALN Kenya | Anjarwalla & Khanna.
AFS is an independent and agile corporate professional trustee supporting families as they plan for their future and navigate the complexities of managing wealth across generations. We understand that every family is different, so we take the time to understand their wishes and family dynamics so we can help build their legacy while managing their wealth over generations.
AFS stands out through its blend of specialised expertise and Kenya’s client-centred philosophy. The team possesses extensive knowledge of the legal, tax, and regulatory landscape for trusts in Kenya, allowing them to handle complex wealth structures with confidence. AFS places strong emphasis on IT and data protection, safeguarding client information, while adopting international best practices and remaining current with global trust trends. Above all, AFS’s approach is tailored and personal, positioning themselves as trusted advisers who deliver support suited to each family’s unique needs throughout their wealth planning journey.
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Tell us about trusts and why they are gaining prominence in Kenya.
Put simply, a trust is a legal arrangement where a settlor transfers his assets to a trustee to hold, manage and invest for the benefit of beneficiaries according to the terms set out in a trust deed.
In Kenya, trusts are gaining prominence because they offer clarity, stability and privacy in matters of succession. Assets placed in a trust do not go through probate, which avoids delays and uncertainty, and they offer continuity in the event of incapacity or unexpected change. Trusts can also help keep family businesses intact, protect assets from disputes and ensure that future generations are provided for in a structured and predictable way.
Trusts can hold a wide range of assets, including shares in family businesses, ensuring continuity in the event of death or incapacity, and they can also be structured to be Sharia-compliant.
As families become more intentional about long-term planning, trusts are emerging as a practical and forward-looking solution that supports, rather than replaces, the family’s control over its legacy.
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What is the difference between an individual trustee and a corporate trustee, and why does it matter?
Many people assume that a family member or close friend can simply act as trustee, and while this is possible, it often comes with practical risks. Individual trustees may face personal challenges such as illness, incapacity or even family disagreements, and their ability to manage the trust long‑term is not always guaranteed. They may also struggle with the administrative and compliance responsibilities that modern trusts require.
A corporate trustee, on the other hand, offers continuity, independence and a more structured approach. AFS is designed to deliver long-term stability, proper governance, robust record‑keeping and objective decision‑making. For families with complex assets, cross-generational plans or business interests, this kind of stability is invaluable.
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What range of services does AFS provide to clients who want to establish a trust?
AFS supports families throughout the full lifecycle of a trust. We assist with the practical aspects of trust administration, ensuring the trust is operated as intended, that decisions are made objectively and that the structure remains compliant with regulatory requirements.
We help families think about governance frameworks, continuity planning and how to prepare the next generation for stewardship of family wealth. As trust administration often intersects with sensitive family dynamics, we also guide families on communication and long-term decision-making to support stability and unity.
Where legal or tax input is needed, for example, when drafting the trust deed, structuring assets or revising the trust, we work closely with experienced legal advisors, including ALN Kenya, ensuring families receive comprehensive support while AFS remains focused on its core role as a professional trustee.
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How does AFS support families in managing their assets and preserving their legacy through a trust?
At AFS, our role goes far beyond holding assets. We act as long-term stewards of family wealth, ensuring that trusts work in practice and remain aligned with the family’s intentions across generations. Many of the families we work with have significant assets, cross-border considerations or complex family structures, and they rely on us for governance, continuity and impartial oversight.
One example is a client who is a successful businesswoman and the sole parent of two young children. Her assets included real estate, business interests, bonds and early-stage investments, and her priority was ensuring that her children would have financial security as they grew, especially for education and housing costs in hard currency. After taking time to understand her circumstances and the needs of her children, we worked with her financial adviser to design a trust and investment strategy focused on capital preservation with sustainable long‑term growth. Today, the trust’s earnings fund the children’s maintenance and education costs, allowing her wealth to support them without dipping into capital. We continue to review the portfolio with her adviser to ensure the structure reflects the family’s evolving needs. For her, having a professional trustee overseeing this process has brought real peace of mind.
We also act for a large joint family business owned by four nuclear families through a corporate structure. In this case, our role as trustees has been to balance independence for each nuclear family with the collective stewardship of a shared business legacy. We meet regularly with the first generation to understand high-level business performance, identify risks and ensure that the trust fund is protected. As the second generation begins to join the business, succession planning has become a central focus. The founding members recently updated their wishes, and we are now working with both generations to support a smooth transition as they prepare for leadership changes and increased philanthropic involvement.
In both situations, and in all our matters, we treat the trust fund as a living structure. Before any major decision, such as the sale of a business or restructuring of investments, we have detailed discussions with the family to understand the reasons behind the decision and to assess its impact not only today, but for future generations. Our lens is always long-term. Families rely on us to take balanced, impartial decisions that preserve the trust’s purpose, protect the beneficiaries and honour the legacy the settlor intended.
- Are trusts misunderstood in the Kenyan market, and how relevant are they today?
Trusts are often misunderstood in Kenya, and some people still question how effective they are. A case that is frequently mentioned in conversations around trusts is the well-known Njenga Karume matter. Ironically, rather than undermining the trust concept, that case highlights the exact opposite: it shows why choosing the right trustee is critical. The judgment reinforced the duties and obligations of trustees in Kenya and strengthened the legal framework by making clear that trustees must act responsibly, diligently and always in the best interests of the beneficiaries.
At AFS, we act for many Kenyan families from diverse cultural and business backgrounds. Although their circumstances differ, they all share a common desire: to protect their assets and build a legacy that lasts across generations. As a Kenyan corporate trustee, we understand the nuances of family dynamics, the role of patriarchs and matriarchs, the expectations of younger generations entering family businesses, and the delicate balance between tradition and modern governance.
In one family we support, the patriarch was concerned about how work ethic and personal responsibility would be upheld by the next generation. He wanted to preserve not just the family’s assets, but the values that built them. Working closely with the family, we developed a code of conduct that sets out the behaviours, responsibilities and moral commitments expected of each member. These are difficult discussions for families to have on their own, but our involvement provided a neutral platform for open dialogue. The outcome brought real peace of mind and strengthened communication, something the patriarch felt would have been harder to achieve without professional support.
When things go wrong in a trust, it is almost always because of poor governance, not because the trust structure itself is flawed. With the right people and the right systems, trusts are powerful tools for protecting assets, promoting harmony and providing long‑term stability. Trusts are not premature for Kenya; they are already helping families across the country preserve what matters most and ensure their legacy endures.
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What’s your advice to any individuals or institutions keen to establish a trust?
My advice is to begin by being very clear about what you want the trust to achieve. When families take the time to understand their goals, whether it’s protecting assets, supporting a family business, or planning for future generations, the entire process becomes more intentional and much more meaningful. A trust should reflect your values, your priorities and what you hope to preserve for the people who matter most.
It’s also important to remember that establishing a trust isn’t a one-off exercise. Life changes, families evolve, and circumstances rarely stay the same, which is why the planning process should be continuous. At AFS, we believe a trust document should always reflect the reality of the family today. Reviewing the structure periodically ensures it remains relevant, protective and aligned with the family’s current needs.
Finally, work with advisors who understand both the technical aspects and the human side of succession. With the right guidance at the outset and a corporate trustee to carry out your intentions objectively over time, you can build a structure that gives your family clarity and confidence across generations.
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Your closing remarks?
What I always remind families is that succession planning is ultimately about creating peace of mind. A trust or estate plan is not just a legal tool; it’s a way of building stability for the people you care about and giving them clarity in moments when guidance matters most. When families take the time to think about their priorities, their relationships and the legacy they want to leave, the process becomes far more meaningful than simply signing documents.
Families grow, circumstances change, and new priorities emerge over time. Your structure should evolve alongside your life. At AFS, we have the expertise and experience to guide families through that journey efficiently, making sure their plans stay relevant and continuing to offer the protection and clarity they were designed for.
For me, that is the real strength of thoughtful estate planning: it gives families confidence in the future, preserves harmony and ensures that what truly matters is carried forward with intention.
