Kenya's diaspora — in the UK, USA, Canada, the Gulf states, Europe and beyond — represents a significant pool of private wealth. Many diaspora Kenyans maintain substantial ties to Kenya: land, family businesses, investment property, bank accounts and family relationships. Estate planning that ignores these Kenya connections can leave families in serious difficulty.
The Dual-Jurisdiction Challenge
A Kenyan living in the UK who dies without a Kenya-specific will leaves their UK executor with no authority to deal with Kenyan assets. The UK executor must then apply separately for a Kenyan grant, adding cost, delay and complexity for the family in Kenya. A Kenya will (or a resealing arrangement) addresses this problem.
Land and Real Property in Kenya
Kenya has a comprehensive land registration system. For diaspora Kenyans who own land in Kenya, ensuring that: the title is in the correct name, any intended succession is clearly documented, any family land arrangements are formalised, and the will specifies what should happen to Kenyan land — are all critical planning steps.
Nomination and Beneficiary Designations
For Kenya-based financial accounts, insurance policies and retirement benefits, nomination of beneficiaries can allow assets to pass outside probate. Diaspora Kenyans should ensure their Kenya-based nominations are current and reflect their current wishes.
Coordinating UK/US and Kenyan Wills
Many diaspora Kenyans benefit from having both a Kenya will (dealing with Kenya assets only) and a foreign will (dealing with foreign assets only), each expressly excluding the other's scope. This requires careful coordination to avoid inadvertent revocation of one will by the other.
Family Provision Claims in Kenya
Under the Law of Succession Act, dependent family members in Kenya — a surviving spouse, children — can apply to the court for provision from the estate even if the deceased left all their assets to overseas beneficiaries. Proper planning can ensure that Kenya-side dependants are properly provided for in the will.