19/09/2023
From the Uganda Law Reform Centre User guide to Succession, this explains what a Will is, how to write a Will, who can make a will, compulsory requirement for a will, what property can be distributed in a will , and how to keep it for safe custody.
What is a will?
A will is a document that provides for the wishes of a person upon his or her death.
These wishes may include:
a) How to distribute his or her property.
b) How to manage the children and other dependent
relatives.
c) Who will manage property.
d) How the deceased debts will be managed.
e) Who shall be the customary heir, where applicable.
f) Burial related issues.
g) Who the executors will be.
Who can make a will?
Any person of sound mind who is aged eighteen years and above.
What are the compulsory requirements of a valid will?
For a will to be considered valid, it should meet the following requirements:
a) A will must be in writing.
b) The person making a will should be at least eighteen years of age.
c) The person should be of sound mind.
d) The person making a will should not be under the control or influence or control of any person who takes away their decision-making power.
e) The person making a will should provide for an executor or executors, executrix or executrices who will carry out his wishes as mentioned in the will.
f) The person should mention all his or her children.
g) The written will should be signed by both the owner of the will and his or her witnesses on each page.
Note
a) A person who has a hearing impairment, physical impairment, speech impairment or visual impairment is capable of making a will if he or she is able to do so.
b) A person who ordinarily has a mental illness may make a will during an interval in which he or she does not have the mental illness.
At least two people should sign as witnesses in the presence of the owner of the will.
The witnesses must be eighteen years or above and of sound mind.
Each witness must sign and write their name and address on each page of the will.
What property can be distributed in a will?
All property owned by a deceased person can be distributed except the residential home or homes.
What are examples of property that can be distributed in a will?
Some of the examples of property that can be distributed in a will include: land, any buildings on the land, money, vehicles, household belongings, farms, shares and investments.
18/09/2023
This week we share about succession in Uganda.
This contains information related to writing a will, administration of an estate, distribution of property, residential property, guardianship, offences and penalties under the succession law.
This information is from The User Guide To Succession in Uganda by Uganda Law Reform Commission.
This guide is not a substitute to the Succession (Amendment) Act, No. 3 of 2022. It is intended to provide people with basic information on matters concerning succession in Uganda. Persons who wish to get detailed information about any matter on succession, are advised to refer to the Succession Act, Cap. 162 and the Succession (Amendment) Act, No. 3 of 2022.
ULRC
INTRODUCTION;
“Administrator of an estate” means a person appointed by court to distribute the estate of the deceased person in accordance with the law.
“Adopted child” means a child who has become son or daughter of a parent by virtue of laws of Uganda.
“Beneficiary” means a person who is entitled to have a share of the deceased person’s estate.
“Certificate of No Objection” means a document issued by the Administrator General permitting a person or persons to apply for letters of administration.
“Child” means either biological or adopted person below the age of eighteen years.
“Closest relatives” means a possible beneficiary who may share in the deceased person’s estate only in the absence of spouse, dependent relatives, and lineal descendants.
“Customary heir or heiress” means a person recognised under the rites and customs of a tribe or community of the deceased person as being the customary successor of the deceased person.
“Deceased person’’ means a dead person.
“Dependent relative” means a person who was totally under the care of the deceased person at the time of his or her death.
“Estate” means property and belongings that have value, such as a house, car, land and other investments.
“Executor”, a male person who is appointed in a will and confirmed by court to manage the affairs of a deceased person as stated in a will.
“Executrix” a female person who is appointed in a will and confirmed by court to manage the affairs of a deceased person as stated in a will.
“Guardian” means a person who has been appointed in a will or by family members or by court to have parental responsibility of a child of the deceased person.
“Intestate” means a person who dies without leaving a will. “Intestate succession” means the legal rules of administering
the estate of a person who dies without leaving a will.
“Letters of administration” means a document issued by court to a person(s), empowering that person(s) to manage the estate of a deceased person that died without leaving a will.
“Lineal descendant” means a person descended in the direct line from the deceased. This includes a child, grandchild, great grandchild up to the 6th generation.
“Offence” means a crime punishable by the State or an agent of the State, and whose punishment is prescribed in law.
“Principal residential property” means a building or part of the building in which a husband and wife live with or without children.
“Probate” means a document issued by court to a person or persons appointed in a will as the one(s) who should carry out the wishes of a deceased as stated in the Will.
“Property owned in joint tenancy” means property owned by two or more people and where one dies his or her shares are automatically transferred to the surviving owner.
“Property owned in tenancy in common” means property owned by two or more individuals and where one dies his or her share can be distributed as part of his or her estate.
01/08/2023
The Judicial service commission will convene to review the reports received of the arrest of Mr. Semwogerere Amaari Musa and welcomes information of an actionable nature on any Judicial officer.
13/07/2023
In a meeting held yesterday 12th July 2023, JSC appointed 5 Assistant Registrars in acting capacity, and 87 Magistrates Grade One on probation in the Judiciary Service.
See lists below 👇🏿
12/07/2023
VACANCY. (Share)
Reference is made to the JSC External Advert No. 1 of 2023 published in the New Vision 22nd May 2023. (Attached!
Post : Justice of the Supreme Court Reference : HRM 77/180/01B
Salary Scale : Specified
No. of Vacancies : 02
Application Email : [email protected]
30/06/2023
Medical Practitioners, Social Workers, Teachers, Local councils at LC levels and all concerned parties are argued to report any matters which affects a child under their charge to responsible authorities.
Share this info widely .
21/06/2023
Please note that corporal punishment or any injury caused to a child intentionally is illegal and you will serve 3 years in prison if found guilty.
20/05/2023
The Commission in its meeting held on 12th May 2023 resolved to dismiss H/W
Nakibinge Latiff Abubaker, Magistrate Grade I from judicial service and severely
reprimanded H/W Moses Kule Lubangula, Chief Magistrate following the conduct
of disciplinary proceedings against each one of them.
The Commission decisions are as below;
09/05/2023
Please Note: Applicants who sat for the Competence Test for the position of Magistrate Grade one under JSC Advert No.2 of 2022, the shortlist for Oral interviews is out. Check the JSC website www.jsc.go.ug for more information.
05/01/2023
Public Notice 📌
We inform the general public that our offices have moved to Kingdom Kampala building. 📍
25/05/2022
H.E the President of Uganda Appoints 16 High Court Judges in acting capacity for 2 years
15/05/2022
As part of the ongoing recruitment programme to fill vacant positions in the Judiciary service in the magisterial category, JSC has appointed 20 Judicial Officers as Acting Principal Magistrates Grade One.
See press release for details:. 👇🏿