What does International Succession in Kenya involve?

International inheritance in Kenya whether probate or intestate succession involves any of the following scenarios:

1. A foreigner dies domiciled abroad leaving assets in Kenya
2. A foreigner dies domiciled in Kenya leaving assets in Kenya.

What is the probate process applicable to foreigners?

If the foreigner died leaving a will that is applicable to his Kenyan assets, the will shall be probated in court and any executor or administrator shall administer the estate of the deceased in Kenya on the basis of this grant of probate issued by a competent court either in Kenya or abroad.

Which is the Competent Court to handle Succession in the case of a Foreigner leaving assets in Kenya?

The competent court can either be:

1. the foreign court where a grant of representation over the estate is issued
2. The Kenyan Court may also be the competent court as highlighted below

To determine the appropriate court, it is important to first understand whether Kenya will enforce foreign grants from a particular country pertaining to the estate of the deceased. In general, Kenya enforces grants from Commonwealth countries and other specified gazetted countries  listed under the Resealing of Foreign Grants Regulations; thus if the foreign court is not in this list, the survivors are better suited to file a succession suit for the Kenyan assets in the Kenyan courts, to govern succession to such a local estate.

What is the applicable law to the inheritance of the estate in Kenya?

Where the deceased died leaving immovable assets in Kenya, the applicable law shall be Kenyan law while the law applicable to succession of movable assets shall be the law of domicile of the deceased foreigner.

Where a foreign grant is duly obtained, it must be adopted by the Kenyan courts to be enforceable in Kenya in a process called “resealing of a foreign grant.”

How are assets distributed if the deceased died intestate?

Intestate succession occurs where the foreigner dies without a will. In such a case, and subject to any other applicable law, Kenyan law provides for distribution of an intestate estate as follows, depending on the survivors left,

In general, where the deceased left a spouse and children,

1. The widow will get the personal and household goods of the deceased absolutely;
2. The widow is entitled to a life interest in the residue of the estate which she is in a position of a trustee for the benefit of the Deceased’s children.
3. Upon the death or the remarriage of the widow, the net intestate estate will devolve in equal shares to the children of the Deceased.

In general, if the deceased only left children as his survivors, the children are entitled to equal shares of the intestate estate

How to navigate the Court System in Kenya?

It is important to hire a competent lawyer to properly advise on the specific jurisdictional issues that may arise in international inheritance as applies to Kenya as well as navigating the procedures that courts in Kenya require parties to follow in local succession cases.