Law applicable to will trust

A the date of the testator’s death, he had a Kenyan domicile (at common law) and was not deemed UK domiciled. He had a will drawn up in Kenya. At his death he had some personal property in Kenya and the bulk of his estate was in the UK including real property and bank accounts.

I am dealing with a probate where the will provides for a life interest trust in favour of a family member. The executors (who are also appointed trustees) would like to appoint additional trustees and then themselves retire as trustees, once they have discharged their duties as executors. The will is very brief and contains no express administrative provisions. Therefore, we would have to rely on statutory rules.

My question is, what law would govern the will trust. I know that the domicile of the deceased at the time of death governs questions of construction and formal validity. Does the law that governs the ongoing trusts depend on where the property is located?

Is there an express governing law clause in the will/will trust? Also. Was the will executed in England?

Peter Harris

There is no governing law clause and the will was executed in Kenya…