One Will or Many? Estate Planning for Multi-Country Families

There’s no one-size-fits-all answer — it depends on how your assets are structured, what type of assets they are, which jurisdictions are involved, and your long-term succession goals.

At MBN Law, we regularly guide multi-country families through exactly this kind of planning. Here’s what to consider.

The Single (Global) Will Approach

A single will can, in principle, cover all of your worldwide assets — provided it satisfies the formal legal requirements of each relevant jurisdiction.

Advantages:

• Simpler to draft
• Lower upfront legal costs
• One clear overall distribution framework
• Less risk of provisions contradicting each other

Potential challenges:

• Probate can be delayed across multiple countries
• You may need to reseal the grant or apply for fresh probate in each jurisdiction
• Conflict-of-law issues can arise
• Documents may require translation and authentication

In some jurisdictions, a foreign grant of probate must first be resealed locally before administration of assets can even begin — which can significantly slow down distribution to beneficiaries.

A single will tends to work best where:

• Most of your assets sit in one primary jurisdiction
• Assets elsewhere are minimal or easily liquidated
• The jurisdictions involved have streamlined processes for recognizing foreign grants

The Multiple Wills Strategy

Some individuals choose instead to prepare separate wills tailored to different jurisdictions — for example:

• A Kenyan will covering assets located in Kenya
• A UK will covering UK-based assets
• A U.S. will covering U.S.-based assets

Each will is typically drafted to apply only to assets within that specific country.

Advantages:

• Faster probate within each jurisdiction
• Fewer cross-border administrative delays
• No need for resealing procedures
• Greater overall procedural efficiency

Risks to watch for:

• Accidentally revoking an earlier will through a broad revocation clause in a later one
• Conflicting appointments of executors across wills
• Inconsistent distribution instructions between wills
• Higher legal coordination costs

In fact, the most common pitfall in multi-will planning is including a general revocation clause in a later will that unintentionally cancels out an earlier one. This is why careful, coordinated drafting is essential when using this strategy.

Key Legal Considerations in Kenya

Where Kenyan assets — particularly land — are involved, Kenyan succession law and probate procedures will apply.

Important questions to work through include:

• Can a foreign grant of probate be resealed in Kenya?
• Will a fresh grant of probate be required instead?
• Is the will valid under the applicable law?
• What administration requirements apply under Kenyan court procedure?

As a general rule, Kenyan immovable property is governed by Kenyan law, regardless of where the will itself was drafted.

Conflict of Laws: Which Law Applies?

In cross-border estates, courts may look at several factors when determining which law governs, including:

• The deceased’s domicile at the time of death
• Where any immovable property is located
• The governing law clause specified in the will
• Any applicable mandatory inheritance rules

It’s worth noting that some jurisdictions impose forced heirship rules, which can override a person’s freedom to distribute their estate as they wish. Kenya, by contrast, allows relatively broad freedom of testation — though this is subject to dependency claims. Understanding how these different rules interact across jurisdictions is critical to getting the structure right.

When Is One Will Preferable?

A single will tends to be the better fit where:

• The estate is relatively modest in size
• Assets are mostly movable — think bank accounts and shares
• The probate systems in the relevant countries work well together
• Simplicity is the main priority

When Are Multiple Wills Advisable?

Separate wills tend to be more efficient where:

• The estate includes immovable property spread across several countries
• Probate processes in those countries are slow or complicated
• There are significant business interests in different jurisdictions
• Speed of administration matters
• Privacy expectations differ meaningfully from one jurisdiction to another

Practical Best Practices

For families with assets spread across multiple countries, we’d recommend the following:

• Map out all assets by jurisdiction
• Identify the local succession requirements in each one
• Coordinate legal advice across all relevant jurisdictions
• Avoid revocation clauses that could conflict with earlier wills
• Appoint executors strategically, with cross-border administration in mind
• Review your estate plan regularly — especially after relocating or acquiring major new assets

Estate planning isn’t a one-time exercise. It should evolve alongside your asset base and geographic footprint.

The Risk of Doing Nothing

Without proper structuring in place, families can face:

• Probate delays that stretch on for years
• Assets left frozen and inaccessible
• Disputes among family members
• Administrative costs that multiply
• Increased tax exposure in certain jurisdictions

Proactive planning goes a long way toward reducing this uncertainty and preserving the value of what you’ve built.

Conclusion

There’s no universal answer to whether a single will or multiple wills is the right approach for multi-country families. It depends on how your assets are structured, which jurisdictions are involved, your family dynamics, and your long-term succession goals.

What is certain is that cross-border estates demand careful coordination and compliance tailored to each jurisdiction involved.

At MBN Law, we advise families, investors, and diaspora clients on cross-border estate planning involving both Kenyan assets and international holdings. Structuring your estate strategically today can help prevent complicated disputes tomorrow.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For guidance on your specific estate planning needs, please consult Mwaura Benedict Njuguna and Company Advocates.