In re Estate of Linda Bernadette Lomonaco (Deceased) (Succession Cause 973 of 2019) [2026] KEHC 5123 (KLR) (Family) (23 April 2026) (Ruling)

In re Estate of Linda Bernadette Lomonaco (Deceased) (Succession Cause 973 of 2019) [2026] KEHC 5123 (KLR) (Family) (23 April 2026) (Ruling)

The Trustees failed to exercise their discretion in a manner that sufficiently safeguards the best interests of the minors by disproportionately favoring capital accumulation over immediate welfare. Trustees must utilize a minimum of 50% of estate income for the minors' benefit and provide periodic accounts.

Source-derived case information.

Citation
[2026] KEHC 5123 (KLR)
Parties
Applicant: Roberto Raffale Lomonaco; Respondent/petitioner: Bill Arnold Blackbeard; Respondent/petitioner: Genevive Mary Carpenter
Court
High Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Succession Cause 973 of 2019
Procedural Posture
Succession Cause / Ruling on Application for Maintenance and Related Orders
Outcome
partially allowed
Legal Topics
Trustees' Discretion, Maintenance of Minors, Fiduciary Duty, Best Interests of the Child, Investment of Estate Income
Source Language
english
Succession Law Trust Law Family Law Children Law Trustees' Discretion Maintenance of Minors Fiduciary Duty Best Interests of the Child +1 more

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Parties

Roberto Raffale Lomonaco

Applicant

Bill Arnold Blackbeard

Respondent/petitioner

Genevive Mary Carpenter

Respondent/petitioner

Procedural Posture

Succession Cause / Ruling on Application for Maintenance and Related Orders

Legal Issues

  1. 1 Whether the Trustees breached their fiduciary duty by failing to provide for the minors' maintenance and welfare
  2. 2 Whether the Trustees' discretion under the Will and Trustee Act was exercised lawfully
  3. 3 Whether the Trustees are obligated to provide immediate maintenance from estate income

Ratio Decidendi

The Trustees failed to exercise their discretion in a manner that sufficiently safeguards the best interests of the minors by disproportionately favoring capital accumulation over immediate welfare. Trustees must utilize a minimum of 50% of estate income for the minors' benefit and provide periodic accounts.

Court Disposition

partially allowed

Orders

  • Trustees to utilize a minimum of 50% of all monthly or yearly accruals, collections, and profits from investments for the benefit of the two minors, effective immediately or within 30 days.
  • Trustees to provide periodical accounts at least twice a year to the court and parties indicating estate management.