The client’s husband set up a charity in Kenya. He bought a piece of land for the charity in his name and was in the process of transferring it to the charity when he passed away.
The client has obtained probate in England and administered his estate here. Other than this piece of land the deceased had no assets abroad. The client has been advised by a law firm in Kenya that the Grant needs to be " amended" for use in Kenya. I have no idea what this entails if indeed it is possible. I have queried this with the firm in Kenya but have received only SHOUTY EMAILS in response. Am I missing something? Shouldn’t the client apply for probate (or equivalent) in Kenya in order to complete the transfer?
In haste and happy to be corrected, but I believe it is possible to re-seal a UK Grant in Kenya, as part of reciprocal arrangements we have with various of the former colonies. That may be what the law firm in Kenya means by ‘amending’ the Grant.
Thank you Steve.Wouldn’t it need to be re-sealed in the country where it needs to be used i.e. in Kenya? I am a bit worried as to why, if it needs to be resealed over there, the Kenyan firm aren’t giving this advice but instead asking the client to “sort it out” in the U.K… I have been given the name of a law firm in Nairobi which I will pass to the client. Thanks for the information.
Yes, if I am right that there is a re-sealing process available in Kenya, the UK Grant needs to be re-sealed by a Kenyan Court. It does seem odd that you are being told to sort it out in the UK. Seeking a second opinion from a different firm in Kenya sounds like a good idea.