HB - The Legal Corner Magazine #Issue 7

addressing conflicts of law, and ensuring compliance with tax obligations in each jurisdiction. Currency exchange rates, and other barriers can further complicate cross-border estate planning. David Gethura advises that ‘seeking guidance from professionals familiar with both Kenyan and international laws is essential for managing these complexities and ensuring the efficient transfer and administration of assets across borders.’ Overall, while the specific challenges may vary depending on the jurisdictions involved, individuals engaging in cross-border estate planning must carefully consider legal, tax, and regulatory requirements in each jurisdiction to effectively manage their assets and ensure their wishes are carried out according to their estate plans.

codicil must be executed in the same manner as the original will, with proper signatures and witness attestations. Expressly revoking all previous wills and codicils in the new document helps avoid confusion and ensures clarity regarding the testator's intentions. While registration of the new will or codicil is not mandatory, it is advisable to do so to strengthen its legal standing and authenticity. The flexibility of updating or amending wills is also afforded in Kenya and provides individuals with the opportunity to adapt their estate plans to changing circumstances and evolving cultural dynamics. This ensures that estate planning remains responsive to familial needs, allowing for the preservation of cultural heritage and values across generations.


Challenges in Cross-Border Estate Planning

Despite differences in legal frameworks and cultural practices, estate planning across England & Wales, India, and Kenya converges on common principles of preserving wealth, ensuring continuity, and honouring familial legacies. Whether through wills, trusts, or other mechanisms, individuals strive to safeguard assets and provide for future generations, transcending geographical boundaries and cultural divides. In the ever-evolving landscape of estate planning, legal professionals play a crucial role in navigating complexities, safeguarding interests, and upholding individual intentions. By embracing expertise, understanding nuances, and fostering collaboration, individuals can navigate cross-border estate planning challenges with confidence, ensuring their legacies endure for generations to come.

Individuals with assets in multiple jurisdictions face specific challenges, including navigating different legal systems, tax regimes, and inheritance laws. In England & Wales, India, and Kenya, complexities arise in determining applicable laws, coordinating estate administration, and addressing tax implications. Collaboration between legal professionals ensures effective cross-border estate plan- ning strategies tailored to individual needs and circumstances. Specifically, individuals with assets in both India and other jurisdictions face challenges related to property transfer taxes, registration fees, and compliance with foreign exchange regulations, especially for NRIs and OCIs. Creating separate wills for assets in different countries can help align estate planning strategies with each jurisdiction's legal and tax frameworks. Seeking expert legal and financial advice is crucial to navigating these complexities and optimising wealth transfer across borders. Again, in Kenya, individuals with assets in multiple jurisdictions encounter challenges related to differences in inheritance laws, tax regulations, and legal procedures. This includes navigating diverse legal systems,

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