Kenya's diaspora is large and growing. Many Kenyan families have members in the UK, USA, Canada, Australia, the Middle East and elsewhere, while retaining land, businesses and other assets in Kenya. Cross-border succession planning — aligning the legal position in Kenya with requirements in other jurisdictions — is one of the most complex challenges in family office law.
Choice of Law in Succession
Different countries apply different rules to determine which country's law governs a deceased's estate. As a general principle: immovable property (land) in Kenya is governed by Kenyan succession law regardless of where the deceased was domiciled; movable property (money, shares) is usually governed by the law of the deceased's domicile at death.
Practical Implications
A Kenyan who dies domiciled in the UK may need: a UK grant of probate for UK assets; and a separate Kenyan grant of probate or letters of administration for Kenyan assets. The two processes must be coordinated, as delays or inconsistencies in one jurisdiction can hold up the other.
Multi-Jurisdiction Wills
Rather than having one global will (which may not meet the formal requirements of all relevant jurisdictions), many internationally mobile individuals maintain separate wills in each country where they hold significant assets. These wills must be carefully coordinated to avoid overlap or unintended revocation.
Trusts and Cross-Border Planning
A properly structured trust can simplify cross-border succession by holding assets in a single legal vehicle with a clear governance structure. However, the trust must be recognised in all relevant jurisdictions and structured to avoid unintended tax consequences — specialist cross-border legal and tax advice is essential.