1. Introduction to Estate Planning
Estate planning involves the advice of professional advisors familiar with the client’s assets and family dynamics, including the preparation of a valid will and a strategic plan that ensures the maximum financial benefit for the client and their beneficiaries. Estate planning applies to people of all ages and in various circumstances. Many individuals have, in the past, preferred to avoid making a will or planning for what will happen after their death, and many more continue to live in this way. This in itself is an estate plan, but one that is not mandated by you and is not likely to provide the outcomes that you would choose had you, while alive, made an estate plan.
Estate planning follows certain fundamental principles and objectives. The principles underlying estate planning include properly organizing and structure assets. There must be a detailed inventory of all assets, with copies of all titles held and a list of liabilities owed to banks, financial institutions, private lenders, tradesmen, and governments through taxation and the like.
Misconceptions: many people assume they do not have assets worthy of requiring a will or an estate plan. More accurately, they have convinced themselves of this as they do not see the transfer value of the family assets once they die. Alternatively, they open up their lives to public scrutiny by using the office of public trustee to execute a testamentary deed.
2. Estate Planning for Young Individuals
Young individuals often dismiss the topic of estate planning as irrelevant to them because they appear to have little they have ever earned. Everyone regardless of their age, status, or the size of their estate, ought to have an estate plan that accounts for their end-of-life finances and health. They should tailor their estate planning to their unique needs. For young people, guardianship of minors in case of premature deaths ought not to be ignored since having an opportunity to state their specific wishes for whom they want to raise their child is important. Furthermore, carefully considering who will raise their children in their absence is empowering. Younger people also need to consider how they will distribute their digital assets and whether they have made loans or have business interests. It is also possible that they have debts, and therefore need not only to determine how to address them but also require funds from life insurance to pay off any outstanding debts. As for creating wealth early, the young generation has access to compounding interest savings and investments to build their portfolio over time. This allows them to pass on a financially solid legacy to their children and grandchildren. Today’s youth are also actively online and have profiles on popular platforms. With digital technology regularly improving, a person’s online presence may be an opportunity to build a unique financial future.
3. Estate Planning for Mature Individuals
Estate planning needs at different stages in life are variable. Different strategies apply to individuals in each of these stages. Therefore, an estate planning review should be conducted to identify appropriate strategies. Individuals who have attained their golden years cannot afford to die intestate. Their estates are subjected to complex administration or family disputes. This not only drives away accumulated wealth but also compromises their wishes. Mature individuals need to put in place appropriate estate accumulation, preservation, distribution, and protective strategies.
The importance of wills, trusts, and healthcare directives cannot be overemphasized. These instruments show how your property should be distributed when you die. This ultimately means that they can ensure that if you are unable to manage your wealth, someone you trust should do so. One of the biggest estate planning concerns for individuals at this level of elderhood is providing for second families or multi-family members. This task can be difficult due to the ages, needs, and lifestyles of the individuals involved. Many estate plans fail at the second generation. It will be important to involve family members to deal with these issues openly and effectively. From a tax perspective, individuals would particularly want to know that an amount bequeathed to a spouse does not attract any estate tax. With this background underpinning our overall strategy, it is anticipated that the written material will help address the more detailed requirements of clients, their spouses, and beneficiaries, where there is a requirement to avoid family disputes and assist them in making informed legacy wishes that reflect their values, hopes, and aspirations.
4. Key Components of an Effective Estate Plan
An effective estate plan can consist of several key documents. Wills can provide for the distribution of assets, the appointment of guardians, and the establishment of testamentary trusts. Disposal instructions concerning how to manage a testator’s remains can also be included in the will, but these are not legally binding. Trusts can transfer one’s assets to another person or entity to be employed for the benefit of beneficiaries. In revocable trusts, the person who creates a trust usually serves as the trustee throughout his or her life. These documents allow for easy transitions when individuals are unavailable. Healthcare proxies and powers of attorney provide decision-making powers to other individuals if an individual becomes incapacitated. Healthcare proxies provide a trusted friend or family member with the authority to make medical decisions on one’s behalf, while powers of attorney allow individuals to make financial and business decisions on one’s behalf.
Nevertheless, it is important to regularly evaluate and revise these documents. Furthermore, assets must be clearly outlined for dependents, and beneficiaries must be named so that the disposition of particular assets is not left to the will. The wrong choice of beneficiaries, on the other hand, can result in costly expenditures and tax implications. While estate plans tend to lessen the tax burden as much as possible by utilizing all available laws, rules, and exemptions, tax implications must be considered. Numerous errors can be created by drafting one’s will or using forms. Misinterpretations of the law, outdated forms, or omissions can all hamper an heir’s claim to the estate or void the will. Since estates differ in terms of individuals, assets, values, and objectives, zoning is important. Getting legal guidance ensures that these documents are created and updated per the law.
5. Legal and Financial Implications of Estate Planning in Kenya
Estate planning is a multifaceted activity with several legal and financial implications. In Kenya, estate planning is yet to be standardized and, to a large extent, is informed by the laws that provide the regulation around ownership and devolution of property. Key laws governing inheritance include the Administration of Estates Act, the Registered Land Act, and the Law of Succession Act. At the core of these laws is the protection of property rights. These pieces of legislation are complemented by the drafting and execution of wills, which present individuals with an opportunity to indicate their wishes regarding the devolution of their estate, as well as appointing personal representatives.
The will and the letter of wishes, just like trusts, are legal documents that, if well prepared and executed, create an obligation to be honored to the letter. Thus, understanding these documents is important to ensure that your wishes, when referred to, are honored. The will also provide an opportunity to appoint a guardian or custodian for minors or persons living with a disability in one’s life. The financial implications of estate planning needs are multifarious, ranging from ensuring that a legacy debt is not a charge on running the business or passed on to the heirs, to tax planning, minimization of capital gains, professional indemnity, and an increase in revenue year on year for proper succession, including direct and indirect taxes. A thorough estate planning process can, to a large extent, aid in reducing disputes after your passing that could cause the family to litigate, create factions, have negative thoughts, and affect the heirs and the wealth alongside the organization or business. As the Law of Succession Act has provided, the courts are not likely to intervene if there are clear wishes of the person who has owned the property and the law that abides by their principles.
Amendments to the legislation could affect the strategies in place. Some of the laws in existence are now under review, including the Law of Succession Act, the principle of leasehold, the Land Act, and the Land Registration Act. If there are positive amendments to make land and property more user-friendly, estate planning could benefit. Some of these laws are over 100 years old. The above should reflect why it is important to involve professionals in the legal sector in creating a legacy continuum.
