A Kenyan working in London, Dubai or Minneapolis may have spent a decade abroad yet still own a plot on the outskirts of Nairobi, a house upcountry, bank accounts and family responsibilities at home. Death abroad does not settle a Kenyan estate by itself. Without a plan, the family inherits a process , and diaspora families are often the least well placed to run one from a distance.
Which law governs property left in Kenya?
Kenyan land is dealt with under Kenyan law, principally the Law of Succession Act (Cap 160), regardless of where the owner lived or died. Assets in another country may fall under that country’s succession rules, so the position is often that two legal systems are engaged at once. A will that addresses the Kenyan assets expressly , and says which documents apply to which property , spares the family from reconstructing intentions after the fact.
Can a will signed abroad be valid for Kenya?
Validity turns on formalities. The safer course for Kenyan assets is a will that satisfies Kenyan requirements , writing, signature by the testator and attestation by two or more competent witnesses , even where it is signed overseas. A foreign will that meets the formalities of its place of execution may be recognised, but recognition adds steps to the process, and steps taken across time zones take longer than anyone expects.
What are the common diaspora mistakes?
- relying on a foreign will that says nothing about Kenyan land;
- leaving land untransferred , still in a deceased parent’s name, with no succession ever completed;
- informal family agreements about who keeps the plot, never reduced to writing;
- insurance and pension beneficiary nominations that no longer reflect the family’s wishes;
- documents stored abroad where no one at home can locate them.
How should the plan be put together?
Start with an inventory of the Kenyan assets and their registration status, decide who should administer the estate and who the witnesses should be, and make sure the people who will actually act have copies or know where to find them.
CS Advocates LLP prepares Kenyan wills and succession plans for clients in the diaspora and handles the land transfers that follow; see our real estate and conveyancing practice and our practice areas page. The Law of Succession Act is available on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.