With reference to the nature and classification of law, differentiate between Law of succession and law of trust
ANSWER
Law of Succession
- The law of succession is concerned with the disposition of property after death.
- It deals with the devolution of a deceaseds 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.
Law of Trust
- 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.