Succession Act
Part 1 of 2 · provisions 1–200
The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force.
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Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force. This section provides definitions and interpretative rules for terms used in the Act. A child's domicile of origin follows the domicile of the parent or guardian from whom the child derives it; if the parents have different domiciles, the child's domicile follows the parent who has custody. A person may acquire their spouse's domicile upon marriage; a spouse may acquire another domicile upon dissolution, judicial separation, or other recognised separation. A person cannot acquire a new domicile during minority, except as provided in section 13.
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Provisions of Succession Act
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Part I
Preliminary
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Preliminary - Act to constitute law of Uganda in cases of succession
The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force.
Section Act to constitute law of Uganda in cases of succession Section Except as provided by this Act, or by any other law for the time being in force, the provisions in this Act shall constitute the law of Uganda applicable to all cases of intestate or testamentary succession. - 2
Preliminary - Interpretation
This section provides definitions and interpretative rules for terms used in the Act.
Section Interpretation Section In this Act, unless the context otherwise requires— “ administrator ” means a person appointed by a court to administer the estate of a deceased person when there is no executor or executrix; “ child ”, “ children ”, “ issue ” and “ lineal descendant ” include adopted children ; “ codicil ” means an instrument explaining, altering or adding to a will and which is considered as being part of the will; “ court ” means the High Court or a magistrate’s court other than a magistrate’s court presided over by a magistrate grade II; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ customary heir or heiress ” means a person recognised under the rites and customs of a particular tribe or community of a deceased person as being the customary successor of that person; “ daughter ” includes a daughter adopted in a manner recognised under the laws of Uganda; “ dependent relative ” includes parent , brother, sister, niece, nephew, grandparent or grandchild of the deceased, who on the date of death of the deceased, was wholly dependent on the deceased for the provision of the ordinary necessities of life suitable to a person of his or her station; “ disability ” has the meaning assigned to it under the Persons with Disabilities Act; “ executor ” or “ executrix ” means a person appointed in the last will of a deceased person to execute the terms of the will; “ grandchild ” means a son or daughter of a son or daughter ; “ grandparent ” means a parent of a parent ; “ guardian ” means a person having legal and parental responsibility for a minor child and includes a customary guardian; “ immovable property ” includes land, incorporeal tenements and things attached to the earth or permanently fastened to things attached to the earth; “ lineal descendant ” means a person who is descended in a direct line from the deceased and includes a child and a grandchild of the deceased and any other person related to the deceased in a direct descending line up to six degrees descending; “ minor ” means any person who has not attained the age of eighteen years, and “minority” means the status of such person; “ movable property ” means property of every description except “ immovable property ”; “ parent ” includes a stepparent and an adoptive parent; “ personal representative ” means the person appointed by law to administer the estate or any part of the estate of a deceased person; “ probate ” means the grant by a court of competent jurisdiction authorising the executor or executrix named in the last will of testator or testatrix to administer the estate of the testator or testatrix; “ son ” includes a son adopted in a manner recognised under the laws of Uganda; “ spouse ” means a husband or wife married in accordance with the laws of Uganda or in accordance with the laws of another country and recognised in Uganda as a valid marriage;
Part II
Domicile
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Domicile - Domicile of origin of child
A child's domicile of origin follows the domicile of the parent or guardian from whom the child derives it; if the parents have different domiciles, the child's domicile follows the parent who has custody.
Section Domicile of origin of child Section The domicile of a child follows the domicile of the parent of the child or the guardian of the child from whom the child derives his or her domicile of origin. Where the parents of a child have different domicile, the domicile of the child shall follow the domicile of the parent who has custody of the child . - 11
Domicile - Domicile of choice
A person may acquire their spouse's domicile upon marriage; a spouse may acquire another domicile upon dissolution, judicial separation, or other recognised separation.
Section Domicile of choice Section A person may upon marriage, acquire the domicile of his or her spouse . A spouse may upon dissolution of a marriage or upon judicial separation or any other separation recognised under the laws of Uganda, acquire any other domicile. - 12
Domicile - Acquisition of new domicile by minor
A person cannot acquire a new domicile during minority, except as provided in section 13.
Section Acquisition of new domicile by minor Section Except as provided in section 13 , a person cannot during minority acquire a new domicile. - 13
Domicile - Acquisition of new domicile by mentally impaired person
A mentally impaired person is prohibited from acquiring a new domicile except by following the domicile of another person.
Section Acquisition of new domicile by mentally impaired person Section A mentally impaired person cannot acquire a new domicile in any other way than by his or her domicile following the domicile of another person. - 14
Domicile - Succession to movable property in Uganda
If a person dies leaving movable property in Uganda and there is no proof they were domiciled elsewhere, succession to that movable property is governed by the laws of Uganda.
Section Succession to movable property in Uganda Section Where a deceased leaves movable property in Uganda, succession to the property shall, in the absence of proof of any domicile elsewhere, be regulated by the laws of Uganda. - 3
Domicile - Succession to deceased person’s immovable and movable property
The law sets which country's law governs succession to a deceased person's immovable property in Uganda and movable property based on domicile, and defines when a person dying intestate is deemed domiciled in Uganda.
Section Succession to deceased person’s immovable and movable property Section For the purposes of subsection (2) , a person dying intestate shall be deemed to have had his or her domicile in Uganda if— Succession to the immovable property in Uganda of a person deceased is regulated by the law of Uganda, wherever that person may have had his or her domicile at the time of his or her death. Succession to the movable property of a person deceased is regulated by the law of the country in which that person had his or her domicile at the time of his or her death. for a period of not less than two years preceding his or her death that person was ordinarily resident in Uganda; and he or she was survived by a spouse or child who was, at the time of his or her death, ordinarily resident in Uganda. - 4
Domicile - Domicile in respect of succession to movables
A person may have one domicile only for the purpose of succession to movable property.
Section Domicile in respect of succession to movables Section A person can have one domicile only for the purpose of succession to his or her movable property . - 5
Domicile - Continuance of domicile of origin
The domicile of origin prevails until a new domicile has been acquired.
Section Continuance of domicile of origin Section The domicile of origin prevails until a new domicile has been acquired. - 6
Domicile - Acquisition of new domicile
A person acquires a new domicile by taking up fixed habitation in a different country; residing in Uganda for work does not count as taking up fixed habitation.
Section Acquisition of new domicile Section A person acquires a new domicile by taking up his or her fixed habitation in a country which is not that of his or her domicile of origin, except that a person is not to be considered as having taken up his or her fixed habitation in Uganda merely by reason of his or her residing there in the exercise of any profession or calling. - 7
Domicile - Special mode of acquiring domicile in Uganda
A person may acquire a domicile in Uganda by depositing a written declaration in an office appointed by the Attorney General, provided they have been resident in Uganda for one year immediately before making the declaration.
Section Special mode of acquiring domicile in Uganda Section A person may acquire a domicile in Uganda by making and depositing in some office in Uganda to be appointed by the Attorney General a declaration in writing under his or her hand of his or her desire to acquire such domicile, provided that he or she has been resident in Uganda for one year immediately preceding the time he or she makes the declaration. - 8
Domicile - Domicile not acquired by residence as representative of foreign Government, etc.
Persons appointed as foreign representatives do not acquire domicile in the receiving country simply by residing there for their appointment, and persons residing with them as family or servants likewise do not acquire such domicile.
Section Domicile not acquired by residence as representative of foreign Government, etc. Section A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of the appointment, nor does any other person acquire such domicile by reason only of residing with that person as part of his or her family or as a servant. - 9
Domicile - Continuance of new domicile
A new domicile continues until the former domicile has been resumed or another has been acquired.
Section Continuance of new domicile Section A new domicile continues until the former domicile has been resumed or another has been acquired.
Part III
Consanguinity
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Consanguinity - Kindred or consanguinity
Defines 'Kindred or consanguinity' as the connection or relation of persons descended from the same stock or common ancestor.
Section Kindred or consanguinity Section Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor. - 16
Consanguinity - Lineal consanguinity
Defines "Lineal consanguinity" as the relationship between two persons where one is descended in a direct line from the other; states that each generation is a degree, ascending or descending.
Section Lineal consanguinity Section Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other. For avoidance of doubt, every generation constitutes a degree, either ascending or descending. - 17
Consanguinity - Collateral consanguinity
Collateral consanguinity is the relationship between two persons who descend from the same ancestor but are not in a direct line from one another.
Section Collateral consanguinity Section Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is proper to reckon upwards from the person deceased, to the common stock, and then downwards to the collateral relative, allowing a degree for each person, both ascending and descending. - 18
Consanguinity - Persons held for purpose of succession to be similarly related to deceased
For succession, treat full-blood and half-blood relatives equally; treat those conceived but born alive as born during life; and make no distinction between male and female relatives.
Section Persons held for purpose of succession to be similarly related to deceased Section For the purposes of succession, there is no distinction between— those who are related to the deceased by the full blood and those who are related to the deceased by the half blood; those who are born during the deceased’s lifetime and those who are conceived in the womb at the date of death and subsequently born alive; or the male or female relatives of the deceased person. - 19
Consanguinity - Mode of computing degrees of kindred
Degrees of kinship are computed up to the sixth degree and are shown in the table of kindred in Schedule 2.
Section Mode of computing degrees of kindred Section In the table of kindred in Schedule 2 to this Act, the degrees are computed as far as the sixth, and are marked by numeral figures. The person whose relatives are to be reckoned and his or her cousin-german or first cousin are, as shown in the table, related in the fourth degree, there being one degree of ascent to the father or mother, and another to the common ancestor, the grandfather or grandmother, and from him or her one of descent to the uncle or aunt, and another to the cousin-german, making in all four degrees. A grandson or granddaughter of the brother or sister and a son or daughter of the uncle or aunt, that is, a great-nephew or great-niece and cousin-german, are in equal degree, being each four degrees removed. A grandson or granddaughter of a cousin-german is in the same degree as the grandson or granddaughter of a great-uncle or great-aunt, for they are both in the sixth degree of kindred.
Part IV
Intestacy
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Intestacy - Property of deceased dying intestate
A person is considered to die intestate with respect to any property not disposed of by a valid testamentary disposition.
Section Property of deceased dying intestate Section A person dies intestate in respect of all property which has not been disposed of by a valid testamentary disposition. - 21
Intestacy - Devolution of property of deceased dying intestate
All property in an intestate estate devolves to the personal representative of the deceased to hold on trust for those entitled under the Act.
Section Devolution of property of deceased dying intestate Section All property in an intestate estate devolves upon the personal representative of the deceased upon trust for those persons entitled to the property under this Act.
Part IX
Privileged wills
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Privileged wills - Privileged wills
Members of the Defence Forces on expedition or engaged in actual warfare, and mariners at sea, may (if aged eighteen or over) dispose of their property by a will made as provided in section 53; such a will is called a “privileged will”.
Section Privileged wills Section Any member of the Defence Forces being employed in an expedition or engaged in actual warfare, or any mariner being at sea, may, if he or she has completed the age of eighteen years, dispose of his or her property by a will made as is provided in section 53 , hereafter referred to as a “privileged will”. - 50
Privileged wills - Mode of making privileged wills
Rules for how privileged wills may be made (written by the testator, written by another and signed or recognised, oral before witnesses, and conditions when unexecuted instructions count as a will).
Section Mode of making privileged wills Section The execution of a privileged will shall be governed by the following provisions— Privileged wills may be in writing or may be made by word of mouth. the will may be written wholly by the testator or testatrix with his or her own hand, and in that case it need not be signed nor attested; the will may be written wholly or in part by another person, and signed by the testator or testatrix, and in that case it need not be attested; if the instrument purporting to be a will is written wholly or in part by another person, and is not signed by the testator or testatrix, it shall be considered to be his or her will if it is shown that it was written by the directions of the testator or testatrix, or that he or she recognised it as his or her will; but if it appears on the face of the instrument that the execution of it in the manner intended by the testator or testatrix was not completed, the instrument shall not, by reason of that circumstance, be invalid, if his or her nonexecution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument; if the testator or testatrix has written instructions for the preparation of his or her will, but has died before it could be prepared and executed, such instructions shall be considered to constitute his or her will; if the testator or testatrix has, in the presence of two witnesses, given verbal instructions for the preparation of his or her will, and they have been reduced into writing in his or her lifetime, but he or she has died before the instrument could be prepared and executed, such instructions shall be considered to constitute his or her will, although they may not have been reduced into writing in his or her presence, nor read over to him or her; a testator or testatrix may make a will by word of mouth by declaring his or her intentions before two witnesses present at the same time; a will made by word of mouth shall be null at the expiration of one month after the testator or testatrix has ceased to be entitled to make a privileged will.
Part V
Distribution of intestate’s property
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Distribution of intestate’s property - Devolution of residential holdings
Personal representatives must hold the deceased's principal residential holding in trust for the spouse and lineal descendants (subject to Schedule 3). On the surviving spouse's death, residential holdings devolve equally to lineal descendants. Evicting an entitled spouse or lineal descendant is an offence punishable by a fine up to 168 currency points or imprisonment up to seven years, or both.
Section Devolution of residential holdings Section The residential holding normally occupied by a person dying intestate prior to his or her death as his or her principal residence or owned by him or her as a principal residential holding, including the house chattels in the principal residential holding, shall be held by his or her personal representative upon trust for his or her spouse and lineal descendants subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act. Any other residential holding possessed by the intestate at his or her death shall be held by his or her personal representative upon trust and, subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act, shall be dealt with in accordance with the remaining provisions of this Part. Upon the death of a surviving spouse , the principal residential holding and any other residential holding shall devolve to the lineal descendants equally, who shall occupy it subject to terms and conditions set out in Schedule 3 to this Act. A person who evicts or attempts to evict a surviving spouse or a lineal descendant who is entitled to occupy the principal residential holding or any other residential holding commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or to imprisonment for a term not exceeding seven years, or both. Where the principal residential holding or any other residential holding devolves to the lineal descendants under subsection (3) , the lineal descendants shall be deemed to be entitled to the residential holding or any other residential holding as tenants in common. Any dispute arising as to the exact area of any portion of land subject to this section or as to what person has the right to occupy the land or any part of it shall be settled by the personal representative . Any person who is aggrieved by any decision of the personal representative under subsection (3) may appeal from the decision to a court of competent jurisdiction. - 23
Distribution of intestate’s property - Distribution of property on death of intestate
Sets rules for dividing the estate of a person who dies intestate (subject to sections 25 and 26), specifying classes of beneficiaries (spouse, lineal descendants, dependent relatives, customary heir/heiress) and allocation percentages including a 20% portion held in trust for certain lineal descendants for education, maintenance and welfare.
Section Distribution of property on death of intestate Section Subject to sections 25 and 26 the estate of an intestate, except for his or her principal residential holding or other residential holding, shall be divided among the following classes in the following manner— where the intestate is survived by a spouse , a lineal descendant , a dependent relative and a customary heir or heiress — where the intestate leaves no surviving spouse or dependent relative specified in paragraph (a)(i) or (ii) capable of taking a proportion of his or her property— where the intestate is survived by a spouse , a dependent relative and a customary heir or heiress but no lineal descendant — where the intestate is survived by a customary heir or heiress , a spouse or a dependent relative but no lineal descendant — Notwithstanding subsection (1) , twenty percent of the estate shall not be distributed, but shall be held in trust for the education, maintenance and welfare of the following categories of lineal descendants until they cease to qualify as such— the spouse shall receive twenty percent; the dependent relatives shall receive four percent; the lineal descendants shall receive seventy-five percent; and the customary heir or heiress shall receive one percent, of the whole of the property of the intestate; the lineal descendants shall receive ninety-nine percent; and the spouse shall receive fifty percent; the dependent relative shall receive forty-nine percent; and the customary heir or heiress shall receive one percent; and the surviving spouse or the dependent relative , as the case may be, shall receive ninety-nine percent, of the whole of the property of the intestate; where the intestate leaves no person surviving him or her other than a customary heir or heiress capable of taking a proportion of his or her property specified in paragraph (a) , (b) , (c) or (d) , the estate shall be divided equally between the relatives nearest in kinship to the intestate. a minor child of the intestate and where he or she attains eighteen years of age until he or she ceases to qualify under paragraph (b) or (c) ; a lineal descendant of the deceased who is above eighteen years of age but below twenty five years of age if, at the time of the death of the intestate, was undertaking studies and was not married; and a lineal descendant of the intestate, who has a disability if, at the time of the death of the intestate was not married and was wholly dependent on the intestate for his or her livelihood. Where an estate produces an income by way of periodical payments, the percentage referred to in subsection (2) shall be derived from that income. For the avoidance of doubt, the percentage specified in subsection (2) shall be deducted from the gross estate before the distribution of the estate under subsection (1) . Where the lineal descendants specified in subsection (2) do not require all the twenty percent that is held in trust for their education, maintenance and welfare, the balance of that percentage that is not required, shall form part of the estate to be distributed to all the beneficiaries under subsection (1) . A lump sum settlement may be made for the maintenance and welfare of a lineal descendant who has a disability , specified in subsection (2)(c) . A spouse who remarries before the estate of the deceased is distributed shall be entitled to the share he or she would be entitled to under subsection (1) . Where the customary heir or heiress is also a lineal descendant of the intestate, the customary heir or heiress shall in addition to his or her share as a customary heir or heiress , be entitled to share as a lineal descendant . - 24
Distribution of intestate’s property - Distribution of property between members of same class
Lineal descendants, spouses and dependent relatives of an intestate must share the intestate’s property (section 23(1)) equally; if an entitled lineal descendant predeceases the intestate their share passes to their own lineal descendant; an aggrieved person may challenge the administrator’s distribution in court.
Section Distribution of property between members of same class Section All lineal descendants, spouses and dependent relatives of an intestate shall share their proportion of a deceased intestate’s property referred to in section 23(1) , in equal share. Where a lineal descendant entitled to benefit under the estate of a deceased intestate predeceased the intestate person, the portion of the estate that would have accrued to the deceased lineal descendant shall be granted to the lineal descendant of the deceased lineal descendant , if any. A person aggrieved by the distribution of property under this section may challenge the decision of the administrator or administratrix in a court of competent jurisdiction. - 25
Distribution of intestate’s property - Reservation of principal and other residential property
A spouse or lineal descendant occupying a principal or other residential property under section 22 is not required to count that occupation when assessing their share of the intestate's property under section 23.
Section Reservation of principal and other residential property Section A spouse or lineal descendant of an intestate occupying a principal residential property or any other residential property under section 22 shall not be required to bring that occupation into account in assessing any share in the property of an intestate to which the spouse , lineal descendant or child may be entitled under section 23 . - 26
Distribution of intestate’s property - Separation of spouses
A surviving spouse who at the deceased's death was separated as a member of the same household must not take any interest in the intestate's estate, subject to listed exceptions; a court may, within six months after death for good cause, declare that the rule does not apply; children born of both spouses remain entitled to benefit.
Section Separation of spouses Section Subsection (1) shall not apply where— The declaration made under subsection (3) shall authorise the surviving spouse to take no more than— A surviving spouse of an intestate shall not take any interest in the estate of the intestate if, at the death of the intestate the surviving spouse was separated from the intestate as a member of the same household. the surviving spouse has been absent on an approved course of study in an educational institution; the intestate was, at the time of his or her death, the one who had separated from the surviving spouse as a member of the same household; or the intestate is the one who caused the separation. Notwithstanding subsection (1) , a court may for good cause, on application made within six months after the death of the intestate, by or on behalf of a surviving spouse , declare that subsection (1) shall not apply to the surviving spouse . a proportion of the property of the intestate that he or she is entitled to under section 23 ; or a proportion of the property that was acquired before the surviving spouse separated from the intestate as a member of the same household. For the avoidance of doubt, a child or lineal descendant bom of the surviving spouse and the intestate shall be entitled to benefit from the estate of the intestate, notwithstanding the separation of the surviving spouse from the intestate as a member of the same household. - 27
Distribution of intestate’s property - Interest of State on default
If no person can be found who is entitled to an intestate’s property under sections 22–26, that property (or part of it) belongs to the State; if a rightful person later appears under section 23, the Attorney General may return the property or its proceeds.
Section Interest of State on default Section If, under sections 22 , 23 , 24 , 25 and 26 , there is no person existing or reasonably ascertainable entitled to take any part of the property of an intestate, that part or the whole, as the case may be, shall belong to the State. If, at any time after such property or part of the property has been made over to the State, a person entitled to take it as his or her share pursuant to section 23 is ascertained, the Attorney General may return that property or the proceeds of the property to that person in such manner as the Attorney General may think fit. - 28
Distribution of intestate’s property - Children’s advancement
When a child or a lineal descendant is entitled to a share of an intestate’s property, any money or other property the intestate gave to or for the advancement of that child must not be counted when estimating their share.
Section Children’s advancement Section Where a share in the property of an intestate is due to a child or any lineal descendant of a child of the intestate, no money or other property which the intestate may, during his or her life, have paid, given or settled to, or for the advancement of, the child to whom or to whose descendant the share is due shall be taken into account in estimating the share.
Part VI
Wills and codicils
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Wills and codicils - Persons capable of making wills
Adults of sound mind and not minors may make wills; spouses may hold and bequeath property; certain persons with impairments are capable of making wills if able; persons lacking requisite mental capacity (including due to drunkenness or illness) may not make wills.
Section Persons capable of making wills Section Every person of sound mind and not a minor may by will dispose of his or her property. A spouse may during the subsistence of a marriage hold property in his or her name and may by will, dispose of such property. 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. 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. No person can make a will while he or she is in such a state of mind, whether arising from drunkenness or from illness or from any other cause, that the person does not know what he or she is doing. - 30
Wills and codicils - Maintenance of spouse, children, lineal descendants and dependent relatives to be made in will
A testator or testatrix must make reasonable provision for the maintenance of their spouse, child, a mentally or physically disabled lineal descendant, and dependent relatives.
Section Maintenance of spouse, children, lineal descendants and dependent relatives to be made in will Section A testator or testatrix shall make reasonable provision for the maintenance of his or her spouse , child , lineal descendant who is suffering a mental or physical disability and a dependent relative . Where a testator or testatrix is married or has children , the residential hplding normally occupied by that person as a principal residence or owned by him or her as a principal residential holding and any other residential holding possessed by that person, including the chattels in the residential holding, shall not form part of the property to be disposed of in the will and shall be held by his or her personal representative upon trust for his or her spouses and lineal descendants subject to the rights of occupation and terms and conditions set out in Schedule 3 to this Act. Subsection (2) shall not apply where the testator or testatrix has made reasonable provision for the accommodation of the surviving spouse , lineal descendants or dependent relatives who are entitled to occupy his or her residential holding. A person who evicts or attempts to evict a surviving spouse , lineal descendant or dependent relative who is entitled to occupy the principal residential holding or any other residential holding commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or to imprisonment for a term not exceeding seven years, or both. Where the principal residential holding or any other residential holding devolves to the lineal descendants under this section, the lineal descendants shall be deemed to be entitled to the principal residential holding or any other residential holding as tenants in common. Section 31 shall apply where a testator or testatrix, by his or her will, disposes of all his or her property without making reasonable provision for the maintenance of his or her spouse , lineal descendant or dependent relative . - 31
Wills and codicils - Power of court to order maintenance
The court may, on application, order that reasonable provision for maintenance be made out of the deceased’s estate for a spouse, lineal descendant or dependent relative when the deceased by will leaves no reasonable provision.
Section Power of court to order maintenance Section The provision for maintenance to be made by an order under subsection (1) shall— where the estate of the deceased person produces an income by way of periodical payments, provide for their termination not later than— The court shall, on any application made under this section— have regard— have regard to the deceased’s reasons, so far as ascertainable— Where a person dies domiciled in Uganda and by his or her will, disposes of all his or her property without making reasonable provision for the maintenance of his or her spouse , lineal descendant or dependent relative , court may on application, order that such reasonable provision be made out of the estate of the deceased person for the maintenance of the spouse , lineal descendant or dependent relative . in case of a spouse , until he or she remarries; in case of a child , until the child completes his or her education or attains the age of twenty five years, whichever first occurs; in the case of a lineal descendant who is, by reason of mental or physical disability , incapable of maintaining himself or herself, upon the cessation of the disability or marriage of that lineal descendant whichever first occurs; or in the case of any other dependent relative , as the court may determine; and where the estate of the deceased person does not produce any income, authorise the spouse , lineal descendant or dependent relatives to receive such share as he or she would be entitled to in the distribution of the estate of an intestate under section 23 . The court may, if it sees fit, make an order providing for maintenance, in whole or in part, by way of a lump sum payment. In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order, the court shall have regard to the nature of the property representing the deceased’s estate and shall not order any provision to be made as would necessitate a realisation that would be improvident having regard to the interests of the deceased’s spouse , lineal descendant or dependent relatives and of the persons who, apart from the order, would be entitled to that property. to any past, present or future capital or income from any source of the spouse , lineal descendant or dependent relatives of the deceased to whom the application relates; to the conduct of that spouse , lineal descendant or dependent relatives in relation to the deceased and otherwise; and to any other matter or thing which in the circumstances of the case the court may consider relevant or material in relation to that spouse , lineal descendant or dependent relatives, to persons interested in the estate of the deceased, or otherwise; for making the dispositions made by his or her will, if any; for refraining from disposing by will of his or her estate; or for not making any provision, or any further provision, as the case may be, for a spouse , lineal descendant or dependent relatives, - 32
Wills and codicils - Time within which application must be made
An application under section 31 must not be made after six months from the date representation is first taken out unless the court gives permission.
Section Time within which application must be made Section Except as provided by section 35 , an application under section 31 shall not, without the permission of the court , be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out; except that where letters of administration are revoked and probate is granted, time begins to run from the date of the grant of probate . Sections 31 and 35 shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months on the ground that they ought to have taken into account the possibility that the court might permit an application under this Act after the end of that period, but this subsection shall be without prejudice to any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Act. - 33
Wills and codicils - Effect and form of order for maintenance
When an order under section 31 is made, the will is to have effect from the deceased’s death subject to variations specified in the order; orders providing for periodical maintenance payments may specify amounts or tie payments to income; the court may give consequential directions to implement such an order, but no larger part of the net estate shall be set aside than is sufficient to produce the required income at the date of the order.
Section Effect and form of order for maintenance Section Where an order is made under section 31 , then, for all purposes, the will shall have effect, and shall be deemed to have had effect, as from the deceased’s death, subject to such variations as may be specified in the order for the purpose of giving effect to the provision for maintenance made in the order. Any order under section 31 providing for maintenance by way of periodical payments may provide for payments of a specified amount, or for payments equal to the whole or part of the income of the net estate or of the income of any part to be set aside or appropriated under this Act of the net estate, or may provide for the amount of the payments or any of them to be determined in any other way the court thinks fit. The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this Act, but no larger part of the net estate shall be set aside or appropriated to answer by its income the provision for maintenance made by the order than such a part as, at the date of the order, is sufficient to produce by its income the amount of the provision. - 34
Wills and codicils - Variation of orders
The court may, on a late application after the period in section 32(1) has expired and only regarding property whose income is used to maintain a dependent, vary a previous maintenance order for reasons of nondisclosure or changed circumstances, or make provision for another dependent; applications may be made by dependents, trustees, or persons beneficially interested.
Section Variation of orders Section On an application made at a date after the expiration of the period pecified in section 32(1) , the court may make an order as provided in this subsection, but only as respects property the income of which is at the date applicable for the maintenance of a dependent of the deceased, that is to say— an order for varying the previous order on the ground that any material fact was not disclosed to the court when the order was made, or that any substantial change has taken place in the circumstances of the dependent or of a person beneficially interested in the property under the will; or an order for making provision for the maintenance of another dependent of the deceased. An application to the court for an order under subsection (1)(a) may be made by or on behalf of a dependent of the deceased or by the trustees of the property or by or on behalf of a person beneficially interested in the property under the will. - 35
Wills and codicils - Interim orders
The court may order interim payments from the deceased’s estate for an applicant in immediate financial need, and the deceased’s personal representative is not liable for such payments from an insufficient estate unless they reasonably believed the estate was insufficient when paying.
Section Interim orders Section Where, on application for maintenance under this Act, it appears to the court — that the applicant is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application for the provision of maintenance for the applicant; and that property forming part of the estate of the deceased is or can be made available to meet the need of the applicant, the court may order that, subject to such conditions or restrictions, if any, as the court may impose and to any further order of the court , there shall be paid to or for the benefit of the applicant out of the deceased’s estate such sum or sums and (if more than one) at such intervals as the court thinks reasonable. In determining what order should be made under this section, the court shall, so far as the urgency of the case admits, take account of the same considerations as would be relevant in determining what order should be made on the application for the provision of maintenance for the applicant; and any subsequent order for the provision of maintenance may provide that sums paid to or for the benefit of the applicant by virtue of this section shall be treated to such extent, if any, and in such manner as may be provided by that order as having been paid on account of the maintenance provided for by that order. Subject to subsection (2) , section 33 shall apply in relation to an order under this section as it applies in relation to an order providing for maintenance. Where the deceased’s personal representative pays any sum directed by an order under this section to be paid out of the deceased’s net estate, he or she shall not be under any liability by reason of that estate not being sufficient to make the payment, unless, at the time of making the payment, he or she has reasonable cause to believe that the estate is not sufficient. - 36
Wills and codicils - Will obtained by fraud, undue influence, duress, coercion, mistake of fact or abuse of position of trust or vulnerability
A will or part of a will obtained by fraud, undue influence, duress, coercion, mistake of fact or by abuse of position of trust or vulnerability that takes away the free will of the testator or testatrix is void.
Section Will obtained by fraud, undue influence, duress, coercion, mistake of fact or abuse of position of trust or vulnerability Section A will or any part of a will, the making of which has been obtained by fraud, undue influence, duress, coercion, mistake of fact or by abuse of position of trust or vulnerability, which takes away the free will of the testator or testatrix, is void. - 37
Wills and codicils - Will may be revoked or altered
The maker of a will may revoke or alter the will at any time while competent to dispose of property by will.
Section Will may be revoked or altered Section A will is liable to be revoked or altered by its maker at any time when he or she is competent to dispose of his or her property by will. - 38
Wills and codicils - Form of will
A testator or testatrix may, at their discretion, use the form of will in Schedule 4 to this Act.
Section Form of will Section A testator or testatrix may, at his or her discretion, adopt for use the form of the will set out in Schedule 4 to this Act.
Part VII
Guardianship
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Guardianship - Testamentary guardian
A parent may by will appoint a guardian for his or her child during minority.
Section Testamentary guardian Section A parent may by will appoint a guardian for his or her child during minority. A parent shall not by will, deprive another parent of parental ights, except where the parental rights where removed by court . - 40
Guardianship - Statutory guardian
If a parent of a minor dies and no guardian is appointed by will (or the appointed guardian is dead or refuses), specified relatives are to be guardians in a set order; if none are willing or entitled the court may appoint a guardian on application; only citizens of Uganda are eligible.
Section Statutory guardian Section Upon the death of either the father or the mother or both parents of a minor , where no guardian has been appointed by the will of the father or mother of the minor or if the guardian appointed by the will of either the mother or father is dead or refuses to act the following persons shall, in the following order of priority, be the guardian or guardians of the minor of the deceased person— the father or mother of the deceased parent of the minor ; the brothers and sisters of the deceased parent of the minor ; and the brothers and sisters of the father or mother of the deceased parent of the minor . Where there is no person willing or entitled to be a guardian under subsection (1) , the court may, on the application of any person interested in the welfare of the minor , appoint a guardian . For avoidance of doubt, a person shall not be eligible for appointment as a guardian under this section unless that person is a citizen of Uganda. - 41
Guardianship - Customary guardian
Family members of a minor may appoint a customary guardian for the minor under the family's customs when parents are dead/untraceable, the surviving parent is incapable or ineligible, or the minor has no guardian.
Section Customary guardian Section The family members of a minor may appoint a customary guardian for the minor in accordance with the customs, culture and tradition of the family, where— both parents of the minor are dead or cannot be found; the surviving parent of the minor is incapable of being a guardian or is not eligible to be appointed as a guardian ; or the minor has no guardian or other person having parental responsibility over him or her. For the purpose of this section, “customary guardian ” shall be a Ugandan citizen, resident in Uganda and shall have parental responsibility of the minor in accordance with the customs, culture or tradition of the family of the minor . - 42
Guardianship - Relationship between surviving parent and appointed guardian
Guardians must act jointly with the surviving parent unless a court directs otherwise; guardians and parents may apply to court; a guardian may appoint a successor by will; a person appointed must apply to court before taking up guardianship; eligibility requires being over eighteen and a citizen of Uganda.
Section Relationship between surviving parent and appointed guardian Section Where the surviving parent objects to joint guardianship, or where the appointed guardian considers that the surviving parent is not fit to act as a guardian of the minor , the guardian or the parent of the minor may apply to court and court may— A guardian shall act jointly with the surviving parent of the minor unless the court directs otherwise. A guardian of a minor may, by will, appoint another person as the guardian of the minor upon his or her death. A person is eligible for appointment as a guardian under subsection (2) if he or she is above eighteen years of age and is a citizen of Uganda. A person appointed under subsection (2) shall, before taking up the guardianship of the minor , apply to court and the court may confirm or reject the guardianship. Where more than one guardian is appointed or each parent appoints different guardians, the guardians appointed shall act jointly, after the death of the last surviving parent . reject the application and direct both the parent and guardian to continue acting jointly; or order that the parent or guardian is not fit to act as a guardian and appoint a relative of the minor or a person who is willing to act as a guardian of the minor to act jointly with the parent or guardian or both of them. - 43
Guardianship - Power of court to remove guardian
The court has the power to remove a guardian if satisfied of specified grounds; any person may apply to the High Court to remove a guardian; when removing a guardian the court must appoint another guardian.
Section Power of court to remove guardian Section The court may only remove a guardian where court is satisfied that— A person may apply to the High Court to remove a guardian appointed under this Act. the guardian has failed, refused or neglected to act as guardian ; the guardian has neglected his or her responsibilities as a guardian ; the guardian has not complied with the conditions of the guardianship order; the guardianship order was obtained by fraud or misrepresentation; or it is in the best interest of the minor to remove the guardian . The court shall, upon issuing an order for the removal of a guardian , appoint another person to act as a guardian of the minor . - 44
Guardianship - Powers and duties of guardian
A guardian must apply to court to exercise specified powers, safeguard and account for a minor's property, may have custody and dispose of the minor's property, and misappropriation is an offence with fines, imprisonment and restitution.
Section Powers and duties of guardian Section A guardian shall apply to court to exercise any of the following powers and duties— A guardian appointed under this Act shall be the personal representative of the minor for purposes of managing the share of the minor in the estate of a deceased person. to have custody of the minor ; or to dispose of the property of the minor . A guardian shall take all reasonable steps to safeguard the property of the minor from loss or damage and shall annually account, in respect of the property of the minor , to the surviving parent , court or custodian of the minor or to any other person as the court may direct. A guardian who misappropriates the property of a minor commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding five years. A guardian who misappropriates the property of a minor shall, in addition to the punishment in subsection (4) , make good the loss occasioned to the minor . - 45
Guardianship - Termination of guardianship
When guardianship of a minor ends, the property managed by the guardian vests in specified persons depending on the reason for termination.
Section Termination of guardianship Section The guardianship of a minor shall automatically terminate upon the occurrence of any of the following circumstances, whichever first occurs— Where the guardianship of a minor terminates, all the property which the guardian managed on behalf of the minor shall— the death of the minor ; the death of the guardian ; or upon the minor attaining eighteen years of age. in case of termination under subsection (1)(a) , vest in the surviving parent of the minor , if any or in the administrator or administratrix of the estate of the deceased minor ; in case of termination under subsection (1)(b) , vest in the surviving parent of the minor , if any, or the minor until a new guardian is appointed for the minor ; or in the case of termination under subsection (1)(c) , vest in the minor . - 46
Guardianship - Application of Children Act to guardianship under this Act
Part VIII of the Children Act applies to the grant, revocation and exercise of the powers of a guardian appointed under this Act; if this Act conflicts with the Children Act on appointment, revocation or exercise of powers of a guardian, the Children Act provisions prevail.
Section Application of Children Act to guardianship under this Act Section Part VIII of the Children Act shall apply to the grant, revocation and exercise of the powers of a guardian appointed under this Act. Where a provision of this Act conflicts with a provision in the Children Act in regard to the appointment, revocation or exercise of powers of a guardian under this Act, the provisions of the Children Act shall apply.
Part VIII
Execution of unprivileged wills
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Execution of unprivileged wills - Execution of unprivileged wills
Non-military and non-mariner testators must execute unprivileged wills by signing (or directing another to sign) and having the will attested by two or more witnesses who sign and write their name and address on every page; limited exceptions apply.
Section Execution of unprivileged wills Section Except as provided by this Act or other law for the time being in force, every testator or testatrix not being a member of the Defence Forces employed in an expedition or engaged in actual warfare, or a mariner at sea, must execute his or her will according to the following provisions— the testator or testatrix shall sign or affix his or her mark to the will, or it shall be signed by some other person in his or her presence and by his or her direction; the signature or mark of the testator or testatrix or the signature of the person signing for him or her shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will; the will shall be attested by two or more witnesses, each of whom must have seen the testator or testatrix sign or affix his or her mark to the will, or have seen some other person sign the will in the presence and by the direction of the testator or testatrix, or have received from the testator or testatrix a personal acknowledgment of his or her signature or mark, or of the signature of that other person; and each of the witnesses must in the presence of the testator or testatrix, sign and write his or her name and address on every page of the will except that it shall not be necessary that more than one witness be present at the same time. Where a person attesting a will does not write his or her name or address on a page of a will as required in subsection (1)(c) , the will shall be valid except that the page of the will which does not bear the name or address of the witness shall, unless otherwise directed by court , be void. - 48
Execution of unprivileged wills - Incorporation of papers by reference
If a will refers to another written document expressing part of the testator's intentions, that document is treated as part of the will or codicil.
Section Incorporation of papers by reference Section If a testator or testatrix, in a will or codicil duly attested, refers to any other document then actually written, as expressing any part of his or her intentions, that document shall be considered as forming a part of the will or codicil in which it is referred to.
Part X
Attestation, revocation, alteration and revival of wills
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Attestation, revocation, alteration and revival of wills - Effect of gift to attesting witnesses
A legatee who attests a codicil that confirms the will does not lose the legacy.
Section Effect of gift to attesting witnesses Section A will shall not be considered as insufficiently attested by reason of any benefit given by the will, either by way of bequest or by way of appointment, to any person attesting it, or to his or her spouse , but the bequest or appointment shall be void so far as concerns the person so attesting, or the spouse of that person, or any person claiming under either of them. A legatee under a will shall not lose his or her legacy by attesting a codicil which confirms the will. - 52
Attestation, revocation, alteration and revival of wills - Witness not disqualified by interest or by being executor or executrix
A person who has an interest in a will or is an executor is not disqualified from being a witness to prove the execution or validity of a will; however, that person (except an advocate) must not participate in writing or preparing the will.
Section Witness not disqualified by interest or by being executor or executrix Section A person shall not by reason of interest in, or by his or her being an executor or executrix of a will be disqualified as a witness to prove the execution of a will or to prove the validity or invalidity of a will. Except in the case of an advocate, a person referred to in subsection (1) shall not participate in writing or preparing the will. - 53
Attestation, revocation, alteration and revival of wills - Revocation of will by marriage of testator or testatrix
A testator's marriage revokes his or her will, with a specific exception for wills made by exercise of a power of appointment where the property would not otherwise pass to the testator's personal representative or intestacy heir.
Section Revocation of will by marriage of testator or testatrix Section Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of the appointment, pass to his or her executor or executrix or administrator or administratrix or to the person entitled in case of intestacy. Where a person is invested with power to determine the disposition of property of which he or she is not the owner, he or she is said to have power to appoint that property. - 54
Attestation, revocation, alteration and revival of wills - Revocation of unprivileged will or codicil
An unprivileged will or codicil cannot be revoked except by marriage, by another will or codicil, by a written declaration of intention to revoke executed as required for an unprivileged will, or by burning, tearing, or otherwise destroying it by the testator or by someone in the testator’s presence and at their direction with intent to revoke.
Section Revocation of unprivileged will or codicil Section No unprivileged will or codicil , or any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil or by some writing declaring an intention to revoke the unprivileged will or codicil , and executed in the manner in which an unprivileged will is in this Act required to be executed, or by the burning, tearing or otherwise destroying of the will or codicil by the testator or testatrix, or by some person in his or her presence and by his or her direction, with the intention of revoking it. - 55
Attestation, revocation, alteration and revival of wills - Effect of alteration in unprivileged will
Alterations made to an unprivileged will after its execution have no effect unless the alteration is executed in the same manner as required for executing the will, with specified exceptions for certain signatures and witness subscriptions.
Section Effect of alteration in unprivileged will Section No obliteration, interlineation or other alteration made in any unprivileged will after the execution of the will shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscemible, unless the alteration is executed in like manner as is in this Act required for the execution of the will; except that the will, as so altered, shall be deemed to be duly executed if the signature of the testator or testatrix and the subscription of the witnesses are made in the margin or on some other part of the will opposite or near to the alteration or at the foot or end of, or opposite to, a memorandum referring to the alteration, and written at the end or some other part of the will. - 56
Attestation, revocation, alteration and revival of wills - Revocation of privileged will or codicil
A privileged will or codicil may be revoked by the testator or testatrix, by an unprivileged will or codicil, by an act with the formalities required for a privileged will, or by destruction (burning, tearing, etc.) by the testator or by someone acting in the testator's presence and at their direction.
Section Revocation of privileged will or codicil Section A privileged will or codicil may be revoked by the testator or testatrix, by an unprivileged will or codicil , or by any act expressing an intention to revoke it, and accompanied with such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying of the privileged will or codicil by the testator or testatrix, or by some person in his or her presence, and by his or her direction, with the intention of revoking it. In order to effect the revocation of a privileged will or codicil by an act accompanied with such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator or testatrix should, at the time of doing that act, be in a situation which entitles him or her to make a privileged will. - 57
Attestation, revocation, alteration and revival of wills - Revival of unprivileged will
An unprivileged will or codicil that has been revoked cannot be revived except by re-execution or by a codicil executed in the required manner that shows intention to revive it.
Section Revival of unprivileged will Section No unprivileged will or codicil , or any part thereof, which has been in any manner revoked, shall be revived otherwise than by the re-execution of the unprivileged will or codicil , or by a codicil executed in the manner hereinbefore required, and showing an intention to revive it. When any will or codicil which has been partly revoked, and afterwards wholly revoked, is revived, the revival shall not extend to so much of it as was revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown by the will or codicil .
Part XI
Construction of wills
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Construction of wills - Wording of will
Wording of a will need not use technical words; the wording only needs to make the testator's intentions knowable.
Section Wording of will Section It is not necessary that any technical words or terms of art shall be used in a will, but only that the wording shall be such that the intentions of the testator or testatrix can be known from the wording. - 59
Construction of wills - Inquiries to determine questions as to object or subject of will
A court must investigate all material facts needed to determine which persons or which property are referred to in a will.
Section Inquiries to determine questions as to object or subject of will Section For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a court shall inquire into every material fact relating to the persons who claim to be interested under the will, the property which is claimed as the subject of disposition, the circumstances of the testator or testatrix and of his or her family, and into every fact a knowledge of which may conduce to the right application of the words which the testator or testatrix has used. - 60
Construction of wills - Misnomer or misdescription of object
If the words in a will sufficiently show who is meant, an error in a legatee's name or description does not stop the legacy; a wrong name may be corrected by a description and a wrong description may be corrected by the name.
Section Misnomer or misdescription of object Section Where the words used in the will to designate or describe a legatee, or a class of legatees, sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. A mistake in the name of a legatee may be corrected by a description of him or her, and a mistake in the description of a legatee may be corrected by the name. - 61
Construction of wills - When words may be supplied
If a word necessary to the meaning has been omitted, the context may supply that word.
Section When words may be supplied Section Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. - 62
Construction of wills - Rejection of erroneous particulars in description of subject
If parts of a description in a will are erroneous but the intended thing can still be identified, the erroneous parts are rejected and the bequest takes effect.
Section Rejection of erroneous particulars in description of subject Section If the thing which the testator or testatrix intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous and the bequest shall take effect. - 63
Construction of wills - When part of description may not be rejected as erroneous
If a will describes the thing to be bequeathed by several circumstances, and there is property in respect of which all those circumstances exist, the bequest is limited to that property and no part of the description may be rejected as erroneous because the testator had other property to which that part does not apply.
Section When part of description may not be rejected as erroneous Section If the will mentions several circumstances as descriptive of the thing which the testator or testatrix intends to bequeath, and there is any property of his or hers in respect of which all those circumstances exist, the bequest shall be considered as limited to that property, and it shall not be lawful to reject any part of the description as erroneous, because the testator or testatrix had other property to which such part of the description does not apply. In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 62 are to be considered as struck out of the will. - 64
Construction of wills - Extrinsic evidence admissible in case of latent ambiguity
If the words of a will are unambiguous but extrinsic evidence shows multiple possible applications and only one could have been intended, extrinsic evidence may be used to identify which application the testator intended.
Section Extrinsic evidence admissible in case of latent ambiguity Section Where the words of the will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator or testatrix, extrinsic evidence may be taken to show which of these applications was intended. - 65
Construction of wills - Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
If a will shows an ambiguity or deficiency on its face, extrinsic evidence about the testator's intentions shall not be admitted.
Section Extrinsic evidence inadmissible in case of patent ambiguity or deficiency Section Where there is an ambiguity or deficiency on the face of the will, no extrinsic evidence as to the intentions of the testator or testatrix shall be admitted. - 66
Construction of wills - Meaning of clause to be collected from entire will
The meaning of any clause in a will must be taken from the whole document, its parts construed with reference to each other, and a codicil counts as part of the will.
Section Meaning of clause to be collected from entire will Section The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other, and for this purpose a codicil is to be considered as part of the will. - 67
Construction of wills - When words may be understood in restricted sense, and when in sense wider than usual
General words in a will may be read narrowly or more broadly depending on the rest of the will.
Section When words may be understood in restricted sense, and when in sense wider than usual Section General words may be understood in a restricted sense where it may be collected from the will that the testator or testatrix meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator or testatrix meant to use them in the wider sense. - 68
Construction of wills - Which of two possible constructions preferred
When a clause can reasonably be read in two ways, prefer the meaning that gives the clause effect rather than the meaning that gives it no effect.
Section Which of two possible constructions preferred Section Where a clause is susceptible of two meanings, according to one of which it has some effect, and according to the other it can have none, the former is to be preferred. - 69
Construction of wills - No part rejected if reasonable construction possible
A will's part must not be treated as meaningless if a reasonable construction can be given to it.
Section No part rejected if reasonable construction possible Section No part of a will is to be rejected as destitute of meaning if it is possible to put a reasonable construction upon it. - 70
Construction of wills - Interpretation of words repeated in different parts of will
If the same words appear in different parts of the same will, they must be taken to have been used everywhere in the same sense, unless there appears an intention to the contrary.
Section Interpretation of words repeated in different parts of will Section If the same words occur in different parts of the same will, they must be taken to have been used everywhere in the same sense, unless there appears an intention to the contrary. - 71
Construction of wills - Intention of testator or testatrix to be effected as far as possible
Give effect to the testator's or testatrix's intention as far as possible even if it cannot be fully carried out.
Section Intention of testator or testatrix to be effected as far as possible Section The intention of the testator or testatrix is not to be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. - 72
Construction of wills - Last of two inconsistent clauses prevails
If two clauses or gifts in a will cannot stand together, the later one takes precedence.
Section Last of two inconsistent clauses prevails Section Where two clauses or gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail. - 73
Construction of wills - Will or bequest void for uncertainty
A will or bequest that is not expressive of any definite intention is void for uncertainty.
Section Will or bequest void for uncertainty Section A will or bequest not expressive of any definite intention is void for uncertainty. - 74
Construction of wills - Words describing subject refer to property answering description at death of testator or testatrix
A description in a will refers to the property that matches that description at the death of the testator or testatrix, unless the will indicates a contrary intention.
Section Words describing subject refer to property answering description at death of testator or testatrix Section The description contained in a will of property the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator or testatrix. - 75
Construction of wills - Power of appointment executed by general bequest
A general bequest in a will is interpreted to include property the testator could appoint by will, and such a bequest operates as execution of that power.
Section Power of appointment executed by general bequest Section Unless a contrary intention appears by the will, a bequest of the estate of the testator or testatrix shall be construed to include any property which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power; and a bequest of property described in a general manner shall be construed to include any property to which the description may extend, which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power. - 76
Construction of wills - Implied gift to objects of power in default of appointment
If a will gives a power to appoint beneficiaries but no appointment is made and the power is not exercised, the property vests in all objects of the power equally.
Section Implied gift to objects of power in default of appointment Section Where property is bequeathed to or for the benefit of such of certain objects as a specified person shall appoint, or for the benefit of certain objects in such proportions as a specified person shall appoint, and the will does not provide for the event of no appointment being made, if the power given by the will is not exercised the property belongs to all the objects of the power in equal shares. - 77
Construction of wills - Bequest to “heirs”, etc. of particular person without qualifying terms
If a bequest is made to the heirs (or similar class) of a particular person without qualifying terms and that class is the direct and independent object of the bequest, the property bequeathed is to be distributed as if it had belonged to that person who died intestate in respect of it.
Section Bequest to “heirs”, etc. of particular person without qualifying terms Section Where a bequest is made to the “heirs” or “right heirs” or “relations” or “nearest relations” or “family” or “kindred” or “nearest of kin” or “next of kin” of a particular person, without any qualifying terms and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it, leaving assets for the payment of his or her debts independently of that property. - 78
Construction of wills - Bequest to “representatives”, etc. of particular person
If a bequest is made to the “representatives” (or similar terms) of a particular person and that class is the direct and independent object of the bequest, the property shall be distributed as if it had belonged to that person and they had died intestate in respect of it.
Section Bequest to “representatives”, etc. of particular person Section Where a bequest is made to the “representatives” or “legal representatives” or “personal representatives” or “executors or executrixes or administrators or administratrices” of a particular person and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it. - 79
Construction of wills - Bequest without words of limitation
Where property is bequeathed to any person, that person is entitled to the whole interest of the testator or testatrix in the property unless the will shows only a restricted interest was intended.
Section Bequest without words of limitation Section Where property is bequeathed to any person, he or she is entitled to the whole interest of the testator or testatrix in the property, unless it appears from the will that only a restricted interest was intended for him or her. - 80
Construction of wills - Bequest in alternative
If a will gives a legacy to one person and alternatively to another or a class, the first-named legatee is entitled to it if alive when it takes effect; if that legatee is dead then the second branch takes the legacy, unless the will shows a contrary intention.
Section Bequest in alternative Section Where property is bequeathed to a person, with a bequest in the alternative to another person or to a class of persons, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy, if he or she is alive at the time when it takes effect; but, if he or she is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. - 81
Construction of wills - Effect of words describing class added to bequest to person
If property is left to a person and words describing a class are added but not as a separate gift, that person is entitled to the testator's whole interest in the property unless the will shows a contrary intention.
Section Effect of words describing class added to bequest to person Section Where property is bequeathed to a person, and words are added which describe a class of persons, but do not denote them as direct objects of a distinct and independent gift, such a person is entitled to the whole interest of the testator or testatrix in the property, unless a contrary intention appears by the will. - 82
Construction of wills - Bequest to class of persons under general description only
If a bequest is to a class described generally, anyone to whom that general description does not in ordinary sense apply shall not receive the legacy.
Section Bequest to class of persons under general description only Section Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy. - 83
Construction of wills - Construction of terms
Defines terms used in wills (for example, 'child', 'grandchild', 'descendants', 'nephew' and 'niece') and specifies who counts as related persons, including persons of full or half blood and those conceived before death and subsequently born alive.
Section Construction of terms Section Words in a will expressive of a relationship shall be taken to include— In a will— “ child ” applies only to a son or daughter of a deceased person; “ grandchild ” applies only to the child of the lineal descendant ; “descendants” applies to all lineal descendants of the person whose descendants are spoken of; and “nephew” and “niece” apply only to a child of a brother or a sister. a person who is related to the deceased by full blood or half-blood; a person born during the lifetime of the deceased person and one who is already conceived in the womb on the date of death of the deceased person and subsequently born alive; and male and female relatives of the deceased person. - 84
Construction of wills - Construction where will purports to make two bequests to same person
When a will appears to make two bequests to the same person and the will does not show the testator's intention, the section sets rules to determine which bequest(s) the legatee is entitled to receive.
Section Construction where will purports to make two bequests to same person Section Where a will purports to make two bequests to the same person, and a question arises whether the testator or testatrix intended to make the second bequest instead of, or in addition to, the first, if there is nothing in the will to show what he or she intended, the following provisions shall prevail in determining the construction to be put upon the will— if the same specific thing is bequeathed twice to the same legatee in the same will, or in the will and again in a codicil , he or she is entitled to receive that specific thing only; where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he or she shall be entitled to one such legacy only; where two legacies of unequal amount are given to the same person in the same will or in the same codicil , the legatee is entitled to both such legacies; where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will, and the other by a codicil , or each by a different codicil , the legatee is entitled to both such legacies. In subsection (1)(a) , (b) , (c) and (d) , “will” does not include a codicil . - 85
Construction of wills - Constitution of residuary legatee
A residuary legatee can be created by words showing the testator's intention that that person shall take the surplus or residue of the testator's property.
Section Constitution of residuary legatee Section A residuary legatee may be constituted by any words that show an intention on the part of the testator or testatrix that the person designated shall take the surplus or residue of his or her property. - 86
Construction of wills - Property to which residuary legatee entitled
Under a residuary bequest, the legatee is entitled to all property of the testator or testatrix at death not otherwise disposed of by a testamentary disposition capable of taking effect.
Section Property to which residuary legatee entitled Section Under a residuary bequest, the legatee is entitled to all property belonging to the testator or testatrix at the time of his or her death of which he or she has not made any other testamentary disposition which is capable of taking effect. - 87
Construction of wills - Time of vesting of legacy in general terms
A legatee acquires a vested interest in a general legacy from the day the testator dies; if the legatee dies before receiving it, the legacy passes to their representatives.
Section Time of vesting of legacy in general terms Section If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator or testatrix, and if he or she dies without having received it, it shall pass to his or her representatives. - 88
Construction of wills - In what case legacy lapses
If a legatee does not outlive the testator, the legacy lapses into the residue unless the will directs it elsewhere; representatives can only receive the legacy if it is proved the legatee survived the testator.
Section In what case legacy lapses Section If the legatee does not survive the testator or testatrix, the legacy cannot take effect, but shall lapse and form part of the residue of the property of the testator or testatrix, unless it appears by the will that the testator or testatrix intended that it should go to some other person. In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he or she survived the testator or testatrix. - 89
Construction of wills - One of two joint legatees dying before testator or testatrix
If a legacy is given to two people jointly and one dies before the testator, the surviving legatee takes the whole legacy.
Section One of two joint legatees dying before testator or testatrix Section If a legacy is given to two persons jointly, and one of them dies before the testator or testatrix, the other legatee takes the whole. - 90
Construction of wills - Words showing intention of testator or testatrix to give distinct shares
If a legacy is given in words showing the testator intended distinct shares, and a legatee dies before the testator, the portion intended for that legatee shall fall into the residue of the testator's property.
Section Words showing intention of testator or testatrix to give distinct shares Section Where a legacy is given to legatees in words which show that the testator or testatrix intended to give them distinct shares of it, then, if any legatee dies before the testator or testatrix, so much of the legacy as was intended for him or her shall fall into the residue of the property of the testator or testatrix. - 91
Construction of wills - Lapsed share
If a lapsed share is part of the general residue given by the will, that share becomes undisposed of.
Section Lapsed share Section Where the share that lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of. - 92
Construction of wills - When bequest to child or lineal descendant of testator or testatrix does not lapse on his or her death in lifetime of testator or testatrix
If a bequest is made to a child or other lineal descendant who dies before the testator but a lineal descendant of that legatee survives the testator, the bequest does not lapse and takes effect as if the legatee died immediately after the testator.
Section When bequest to child or lineal descendant of testator or testatrix does not lapse on his or her death in lifetime of testator or testatrix Section Where a bequest has been made to any child or other lineal descendant of the testator or testatrix, and the legatee dies in the lifetime of the testator or testatrix, but any lineal descendant of his or hers survives the testator or testatrix, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator or testatrix, unless a contrary intention appears by the will. - 93
Construction of wills - Bequest to legatee for benefit of another does not lapse by legatee’s death
If a bequest is made to one person for the benefit of another, the legacy does not lapse if the legatee dies during the testator's lifetime.
Section Bequest to legatee for benefit of another does not lapse by legatee’s death Section Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the lifetime of the testator or testatrix, of the person to whom the bequest is made. - 94
Construction of wills - Survivorship in case of bequest to described class
If a bequest is made to a described class, only those of that class alive at the testator's death take the bequest; where possession is deferred, it goes to those alive at the later time and to representatives of those who died since the testator's death.
Section Survivorship in case of bequest to described class Section Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such of them as are alive at the death of the testator or testatrix; except that if property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator or testatrix by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator or testatrix.
Part XII
Void bequests
- 100
Void bequests - Effect of direction for accumulation
A direction to accumulate income from property is void, except that for immovable property or where accumulation is directed from the testator's death it is valid only for income arising within one year after death, after which the property and income are disposed of as if the accumulation period had elapsed.
Section Effect of direction for accumulation Section A direction to accumulate the income arising from any property shall be void, and the property shall be disposed of as if no accumulation had been directed; except that where the property is immovable, or where accumulation is directed to be made from the death of the testator or testatrix, the direction shall be valid in respect only of the income arising from the property within one year next following the death of the testator or testatrix, and at the end of the year the property and income shall be disposed of respectively as if the period during which the accumulation has been directed to be made had elapsed. - 101
Void bequests - Bequest to religious or charitable causes
People who have a nephew, niece or any nearer relative are prohibited from bequeathing property to religious or charitable uses except by a will executed at least twelve months before their death and deposited within six months of execution in a lawful custody place for wills.
Section Bequest to religious or charitable causes Section A person having a nephew or niece or any nearer relative shall not have power to bequeath any property to religious or charitable uses except by a will executed not less than twelve months before his or her death and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons. - 95
Void bequests - Bequest to person who is not in existence at death of testator or testatrix
A bequest described by a particular description is void if no person answering that description exists at the testator's death; however, if possession is deferred and a person answering the description is alive at death or comes into existence before the later time, the property will then go to that person or their representatives.
Section Bequest to person who is not in existence at death of testator or testatrix Section Where a bequest is made to a person by a particular description, and there is no person in existence at the death of the testator or testatrix who answers the description, the bequest is void; except that if property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his or her possession of it is deferred until a time later than the death of the testator or testatrix by reason of a prior bequest or otherwise, and if a person answering to the description is alive at the death of the testator or testatrix, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he or she is dead, to his or her representatives. - 96
Void bequests - Bequest to person not in existence at death of testator or testatrix, subject to prior bequest
If a bequest is made to a person not in existence at the testator's death and it is subject to an earlier bequest in the will, the later bequest is void unless it comprises the whole of the testator's remaining interest in the thing bequeathed.
Section Bequest to person not in existence at death of testator or testatrix, subject to prior bequest Section Where a bequest is made to a person not in existence at the time of the death of the testator or testatrix subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator or testatrix in the thing bequeathed. - 97
Void bequests - Rule against perpetuity
A bequest is invalid if its vesting can be delayed beyond the lifetime of people alive when the testator dies and beyond the minority of a person who exists at the end of that period, even if that person later attains full age.
Section Rule against perpetuity Section No bequest is valid by which the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the death of the testator or testatrix, and the minority of some person who is in existence at the expiration of that period, and to whom, if he or she attains full age, the thing bequeathed is to belong. - 98
Void bequests - Bequest to class, some of whom may come under section 96 or 97
If a bequest is made to a class of persons and it is inoperative as to some members by reason of sections 96 or 97, the bequest is wholly void.
Section Bequest to class, some of whom may come under section 96 or 97 Section If a bequest is made to a class of persons, with regard to some of whom it is inoperative by reason of sections 96 and 97 or either of them, the bequest shall be wholly void. - 99
Void bequests - Bequest to take effect on failure of bequest void under section 96, 97 or 98
If a bequest in a will is void because of section 96, 97 or 98, any subsequent bequest in the same will intended to take effect after or on failure of that prior bequest is also void.
Section Bequest to take effect on failure of bequest void under section 96, 97 or 98 Section Where a bequest is void by reason of any of the provisions of section 96 , 97 or 98 , any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.
Part XIII
Vesting of legacies
- 102
Vesting of legacies - Vesting of legacy when payment or possession postponed
If a will postpones possession, the legatee's right to receive the bequest vests at the death of the testator unless the will shows a contrary intention; if the legatee dies before receiving it, the right passes to the legatee's representatives.
Section Vesting of legacy when payment or possession postponed Section Where, by the terms of a bequest, the legatee is not entitled to immediate possession of the thing bequeathed, right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the death of the testator or testatrix, and shall pass to the legatee’s representatives if he or she dies before that time and without having received the legacy; and in such cases the legacy is, from the death of the testator or testatrix, said to be vested in interest. An intention that a legacy to any person shall not become vested in interest in him or her is not to be inferred merely from a provision by which the payment or possession of the thing bequeathed is postponed, or by which a prior interest in the legacy is bequeathed to some other person, or by which the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that, if a particular event shall happen, the legacy shall go over to another person. - 103
Vesting of legacies - Vesting when legacy contingent upon specified uncertain event
A legacy conditioned on an uncertain event does not vest until the event occurs; if bequeathed 'in case' an event shall not happen, it does not vest until the event becomes impossible; income given before attainment of a specified age does not make the fund contingent.
Section Vesting when legacy contingent upon specified uncertain event Section A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Notwithstanding subsections (1) and (2) , where a fund is bequeathed to any person upon his or her attaining a particular age, and the will also gives to him or her absolutely the income to arise from the fund before he or she reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his or her benefit, the bequest of the fund is not contingent. - 104
Vesting of legacies - Vesting of bequest to members of class attaining particular age
A person who has not attained the specified age cannot have a vested interest in the legacy.
Section Vesting of bequest to members of class attaining particular age Section Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy.
Part XIV
Onerous bequests
- 105
Onerous bequests - Onerous bequest
A legatee must accept an onerous bequest fully in order to take anything from it.
Section Onerous bequest Section Where a bequest imposes an obligation on the legatee, he or she can take nothing by it unless he or she accepts it fully. - 106
Onerous bequests - One of two separate and independent bequests to same person may be accepted
If a will gives two separate and independent bequests to the same person, the legatee may accept one and refuse the other.
Section One of two separate and independent bequests to same person may be accepted Section Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them, and refuse the other, although the former may be beneficial and the latter onerous.
Part X
Liability of executor or executrix or administrator or administratrix for devastation
- 327
Liability of executor or executrix or administrator or administratrix for devastation - Liability of executor, executrix, administrator or administratrix for damage or loss to estate
Executors or administrators who misapply estate assets, fail to account for proceeds, or cause loss or damage commit an offence and on conviction face a fine up to one thousand currency points or up to three years' imprisonment; the court must also order restitution.
Section Liability of executor, executrix, administrator or administratrix for damage or loss to estate Section An executor , executrix, administrator or administratrix who— misapplies the estate of the deceased person; misappropriates or fails to account for the proceeds accruing to the estate of a deceased person or to a beneficiary of the estate; or subjects the estate or a beneficiary to loss or damage, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term of three years, or both. The court shall in addition to the penalty under subsection (1) order the person to make good the loss or damage occasioned to the estate or the beneficiary. - 328
Liability of executor or executrix or administrator or administratrix for devastation - Liability of executor or executrix or administrator or administratrix for neglect
An executor, executrix, administrator or administratrix who by neglect causes loss to an estate or beneficiary commits an offence punishable by a fine (up to one thousand currency points), imprisonment (three years), or both; the court may also order restitution for the loss or damage.
Section Liability of executor or executrix or administrator or administratrix for neglect Section An executor , executrix or administrator or administratrix who occasions loss to the estate by neglecting to do an act or omission which causes loss to the estate of a deceased person or to a beneficiary under the estate of a deceased person commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term of three years, or both. The court may in addition to any penalty imposed under subsection (1) , order the person to make good the loss or damage occasioned to the estate or beneficiaries. - 329
Liability of executor or executrix or administrator or administratrix for devastation - Beneficiary’s estate not to form part of payment
A person acting on behalf of a beneficiary must not take any part of the beneficiary's interest in the estate as payment; contravention is an offence punishable by a fine up to one hundred twenty currency points or imprisonment up to five years, or both.
Section Beneficiary’s estate not to form part of payment Section A person who acts on behalf of a beneficiary of an estate in any matter shall not acquire any part of the interest of the beneficiary in the estate as payment for the services rendered. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.
Part X
Miscellaneous
- 330
Miscellaneous - Power of Attorney General to exempt any class of persons from operation of Act
The Attorney General has the power, by statutory order (retrospectively or prospectively), to exempt classes of persons in Uganda from the whole or part of this Act; the Attorney General also has power to revoke such orders but the revocation cannot have retrospective effect.
Section Power of Attorney General to exempt any class of persons from operation of Act Section The Attorney General shall have power from time to time, by statutory order, either retrospectively from the passing of this Act, or prospectively, to exempt from the operation of the whole or any part of this Act, any class or classes of persons, in Uganda, or any part or parts of any such class or classes to whom he or she may consider it impossible or inexpedient to apply the provisions of this Act, or of the part of the Act mentioned in the order. The Attorney General shall also have power from time to time by statutory order to revoke any order made under subsection (1) , but not so that the revocation shall have any retrospective effect. - 331
Miscellaneous - Surrender of revoked probate or letters of administration
Section Surrender of revoked probate or letters of administration Section When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the
Section Surrender of revoked probate or letters of administration Section When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the court which made the grant. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding seventy two currency points or to imprisonment for a term of three years, or both. The court may in addition to any penalty imposed under subsection (2) , order the person to make good any loss or damage occasioned to the estate or to the beneficiary under this section. - 332
Miscellaneous - Application of Act to Defence Forces
This Act does not affect distribution or intestacy provisions in regulations made under the Uganda Peoples’ Defence Forces Act.
Section Application of Act to Defence Forces Section Nothing in this Act shall in any way affect any provisions as to distribution or intestacy contained in regulations made under the Uganda Peoples’ Defence Forces Act. - 333
Miscellaneous - Places appointed for custody of wills of living persons
The Attorney General may, by statutory instrument, appoint additional places for safe custody of wills of living persons; the offices of the Chief Registrar and Deputy Registrar of the High Court are appointed places for that purpose.
Section Places appointed for custody of wills of living persons Section The offices of the Chief Registrar and Deputy Registrar of the High Court are appointed places for the safe custody of the wills of living persons. The Attorney General may, by statutory instrument, appoint any other place or places for the same purpose. - 334
Miscellaneous - Power to make rules prescribing fees and other matters
The Chief Justice may make rules, with the Attorney General's approval, about fees and formalities for depositing or withdrawing wills and other matters to carry this Act into effect.
Section Power to make rules prescribing fees and other matters Section The Chief Justice shall have power with the approval of the Attorney General to make rules concerning the following matters— prescribing the fees to be paid on the deposit or withdrawal of a will; the formalities to be observed on deposit or withdrawal of a will; generally for better carrying into effect the provisions of this Act. - 335
Miscellaneous - Application of sections 30 to 33
Sections 30–33 apply to every will made on or after 26 January 1971.
Section Application of sections 30 to 33 Section Sections 30 , 31 , 32 and 33 shall apply to every will made on or after the 26 th day of January, 1971. - 336
Miscellaneous - Power to amend Schedule 1
The Minister may, by statutory instrument and with Cabinet approval, amend Schedule 1 to this Act.
Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. - 337
Miscellaneous - Application of Act to actions taken before the 31st day of May, 2022
Grants of probate or letters of administration issued before 31 May 2022 remain in force for fixed periods (three years generally, five years if issued to the Administrator General); executors or administrators may apply to the court to extend those durations; Section 47(1)(c) does not apply to wills made before 31 May 2022.
Section Application of Act to actions taken before the 31st day of May, 2022 Section Sections 22 and 23 shall apply to the estate of a deceased person who died on or after 5th April 2007, where the estate of that deceased person is not distributed by the 31st day of May, 2022. A grant of probate or letters of administration issued by a court of competent jurisdiction before the 31st day of May, 2022, shall remain in force for a period of three years from the 31st day of May, 2022. A grant of probate or letters of administration issued to the Administrator General before the 31st day of May, 2022, shall remain in force for a period of five years from the 31 st day of May, 2022. The duration of a grant of probate or letters of administration referred to in subsections (2) and (3) may, on application to court by the executor or executrix or an administrator or administratrix of an estate, be extended for a reasonable period determined by court . Section 47(1)(c) shall not apply to a will made before the 31st day of May, 2022.
Part XV
Contingent bequests
- 107
Contingent bequests - Bequest contingent upon specified uncertain event
A bequest that depends on an uncertain event only takes effect if that event happens before the fund is payable or distributable.
Section Bequest contingent upon specified uncertain event Section Where a legacy is given if a specified uncertain event shall happen, and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect unless the event happens before the period when the fund bequeathed is payable or distributable. - 108
Contingent bequests - Bequest to persons surviving at some period not specified
If a will leaves a bequest to those of certain persons surviving at an unspecified period, the legacy goes to those alive when payment or distribution occurs unless the will shows a contrary intention.
Section Bequest to persons surviving at some period not specified Section Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as shall be alive at the time of payment or distribution, unless a contrary intention appears by the will.
Part XVI
Conditional bequests
- 109
Conditional bequests - Bequest upon impossible condition
A bequest upon an impossible condition is void.
Section Bequest upon impossible condition Section A bequest upon an impossible condition is void. - 110
Conditional bequests - Bequest upon illegal, etc. condition
A bequest upon a condition the fulfilment of which would be contrary to law or to morality is void.
Section Bequest upon illegal, etc. condition Section A bequest upon a condition the fulfilment of which would be contrary to law or to morality is void. - 111
Conditional bequests - Fulfilment of condition precedent to vesting of legacy
If a will imposes a condition before a legatee takes a vested interest, that condition is treated as fulfilled if it has been substantially complied with.
Section Fulfilment of condition precedent to vesting of legacy Section Where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. - 112
Conditional bequests - Bequest to one person and, on failure of prior bequest, to another
If a bequest to a first person fails, a later bequest of the same thing to another takes effect upon that failure even if the failure did not occur in the manner contemplated by the testator or testatrix.
Section Bequest to one person and, on failure of prior bequest, to another Section Where there is a bequest to one person, and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator or testatrix. - 113
Conditional bequests - When second bequest not to take effect on failure of first
If a will makes a second bequest conditional on the first bequest failing in a particular way, the second bequest does not take effect unless the first fails in that particular way.
Section When second bequest not to take effect on failure of first Section Where a will shows an intention that a second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect unless the prior bequest fails in that particular manner. - 114
Conditional bequests - Bequest over, conditional upon happening of specified uncertain event
A person may make a bequest subject to a superadded condition that if a specified uncertain event happens (or does not happen) the bequest will pass to another person.
Section Bequest over, conditional upon happening of specified uncertain event Section A bequest may be made to any person with the condition superadded that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. In each case the ulterior bequest is subject to sections 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 and 112 . - 115
Conditional bequests - Condition must be strictly fulfilled
An ulterior bequest cannot take effect unless the condition is strictly fulfilled.
Section Condition must be strictly fulfilled Section An ulterior bequest of the kind contemplated by section 114 cannot take effect unless the condition is strictly fulfilled. - 116
Conditional bequests - Original bequest not affected by invalidity of second
If the ulterior bequest is not valid, the original bequest is not affected.
Section Original bequest not affected by invalidity of second Section If the ulterior bequest is not valid, the original bequest is not affected by it. - 117
Conditional bequests - Bequest conditioned that it shall cease to have effect in certain cases
A bequest may be made subject to a condition that it ceases to have effect if a specified uncertain event happens or does not happen.
Section Bequest conditioned that it shall cease to have effect in certain cases Section A bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen or in case a specified uncertain event shall not happen. - 118
Conditional bequests - Condition must not be invalid under section 103
A condition that makes a bequest cease to have effect is valid only if the event on which it depends could legally constitute such a condition as contemplated by section 103.
Section Condition must not be invalid under section 103 Section In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates is one which could legally constitute the condition of a bequest as contemplated by section 103 . - 119
Conditional bequests - Result of legatee rendering impossible or indefinitely postponing act for which no time specified
If a legatee takes any step that makes required performance impossible or indefinitely postpones it when no time is fixed, the legacy transfers as if the legatee had died without performing the act.
Section Result of legatee rendering impossible or indefinitely postponing act for which no time specified Section Where a bequest is made with a condition superadded that, unless the legatee shall perform a certain act, the subject matter of the bequest shall go to another person, or the bequest shall cease to have effect, but no time is specified for the performance of the act, if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing the act. - 120
Conditional bequests - Performance of condition, precedent or subsequent
A legatee must perform an act required by a will within the specified time unless fraud prevents performance, in which case additional time is allowed to compensate for the delay caused by the fraud.
Section Performance of condition, precedent or subsequent Section Where a will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject matter of the bequest is to go over to another person, or the bequest is to cease to have effect, the act must be performed within the time specified unless the performance of it is prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by the fraud.
Part XVII
Bequests with directions as to application or enjoyment
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Bequests with directions as to application or enjoyment - Direction that fund be employed in particular manner
If a will bequeaths a fund but directs it be applied or enjoyed in a particular manner, the legatee is nonetheless entitled to receive the fund as if that direction were not in the will.
Section Direction that fund be employed in particular manner Section Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. - 122
Bequests with directions as to application or enjoyment - Direction that mode of enjoyment of absolute bequest is to be restricted
If a will directs restricted enjoyment to secure a benefit but that benefit cannot be obtained, the fund belongs to the legatee as if no restriction had been made.
Section Direction that mode of enjoyment of absolute bequest is to be restricted Section Where a testator or testatrix absolutely bequeaths a fund, so as to sever it from his or her own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee, if that benefit cannot be obtained for the legatee, the fund belongs to the legatee as if the will had contained no such direction. - 123
Bequests with directions as to application or enjoyment - Bequest of fund for certain purposes, some of which cannot be fulfilled
If a testator gives a fund for specified purposes and part of those purposes cannot be fulfilled, the unspent portion remains part of the testator's estate.
Section Bequest of fund for certain purposes, some of which cannot be fulfilled Section Where a testator or testatrix does not absolutely bequeath a fund so as to sever it from his or her own estate but gives it for certain purposes and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator or testatrix.
Part XVIII
Bequests to an executor or executrix
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Bequests to an executor or executrix - Legacy to executor or executrix
A person named as executor or executrix does not take a legacy bequeathed to them unless they prove the will or manifest an intention to act as executor or executrix.
Section Legacy to executor or executrix Section If a legacy is bequeathed to a person who is named an executor or executrix of the will, he or she shall not take the legacy unless he or she proves the will, or otherwise manifests an intention to act as executor or executrix. - 125
Bequests to an executor or executrix - Specific legacy defined
A legacy that gives a specified, distinguishable part of a person's property is called a 'specific' legacy.
Section Specific legacy defined Section Where a testator or testatrix bequeaths to any person a specified part of his or her property which is distinguished from all other parts of his or her property, the legacy is said to be specific. - 126
Bequests to an executor or executrix - Bequest of sum certain where stocks, etc. in which invested are described
A pecuniary legacy (a sum certain) is not made specific just because the will describes the stocks, funds or securities in which the sum is invested.
Section Bequest of sum certain where stocks, etc. in which invested are described Section Where a sum certain is bequeathed, the legacy is not specific merely because the stocks, funds or securities in which it is invested are described in the will. - 127
Bequests to an executor or executrix - Bequest of stock where testator or testatrix had equal or greater amount of stock of same kind
A general bequest of a quantity of stock is not a specific legacy merely because the testator owned an equal or greater amount of that kind of stock at the date of the will.
Section Bequest of stock where testator or testatrix had equal or greater amount of stock of same kind Section Where a bequest is made, in general terms, of a certain amount of any kind of stock, the legacy is not specific merely because the testator or testatrix was, at the date of his or her will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. - 128
Bequests to an executor or executrix - Bequest of money where payment postponed in certain way
A legacy of money is not treated as a specific bequest solely because the will postpones payment until some of the testator's property is converted to a form or remitted to a place.
Section Bequest of money where payment postponed in certain way Section A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator or testatrix shall have been reduced to a certain form, or remitted to a certain place. - 129
Bequests to an executor or executrix - When enumerated articles not deemed specifically bequeathed
If a will contains a residuary bequest together with an enumeration of items not previously bequeathed, the enumerated articles are not to be regarded as specifically bequeathed.
Section When enumerated articles not deemed specifically bequeathed Section Where a will contains a bequest of the residue of the property of the testator or testatrix along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. - 130
Bequests to an executor or executrix - Retention of specific bequest to several persons in succession
When property is specifically bequeathed to two or more persons in succession, the property must be retained in the form in which the testator left it.
Section Retention of specific bequest to several persons in succession Section Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator or testatrix left it, although it may be of such a nature that its value is continually decreasing. - 131
Bequests to an executor or executrix - Sale and investment of proceeds of property bequeathed to two or more persons in succession
If property in a bequest to two or more successive persons is not specifically bequeathed it shall be sold, the proceeds invested in securities authorised or directed by the High Court, and the resulting fund enjoyed by the successive legatees according to the will.
Section Sale and investment of proceeds of property bequeathed to two or more persons in succession Section Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may, by any general rule to be made from time to time, authorise or direct; and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. - 132
Bequests to an executor or executrix - Non-abatement of specific legacies
A specific legacy does not abate to make up for a deficiency of assets for general legacies.
Section Non-abatement of specific legacies Section If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies.
Part XX
Demonstrative legacies
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Demonstrative legacies - Demonstrative legacies
Defines the distinction between a specific legacy and a demonstrative legacy: a demonstrative legacy is a bequest of money or other commodity directed to be paid out of a particular fund or stock, whereas a specific legacy gives specified property to the legatee.
Section Demonstrative legacies Section The distinction between a specific legacy and a demonstrative legacy is that— Where a testator or testatrix bequeaths a certain sum of money or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute that fund or stock the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. where specified property is given to the legatee, the legacy is specific; and where the legacy is directed to be paid out of a specified property, it is demonstrative. - 134
Demonstrative legacies - Order of payment when legacy directed to be paid out of fund specifically bequeathed
If part of a fund is specifically bequeathed, that portion must be paid to the legatee first; a demonstrative legacy is paid from the residue of the fund, and if the residue is deficient, from the testator's general assets.
Section Order of payment when legacy directed to be paid out of fund specifically bequeathed Section Where a portion of a fund is specifically bequeathed, and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund, and so far as the residue shall be deficient, out of the general assets of the testator or testatrix.
Part XXI
Ademption of legacies
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Ademption of legacies - Ademption defined
If a specifically bequeathed item is not owned by the testator at death or has been converted into a different kind of property, the legacy is adeemed and cannot take effect.
Section Ademption defined Section If anything which has been specifically bequeathed does not belong to the testator or testatrix at the time of his or her death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect by reason of the subject matter having been withdrawn from the operation of the will. - 136
Ademption of legacies - Non-ademption of demonstrative legacy
A demonstrative legacy is not adeemed if the charged property does not exist at the testator's death or has been converted; it must be paid from the testator's general assets.
Section Non-ademption of demonstrative legacy Section A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator or testatrix or has been converted into property of a different kind; but it shall in such case be paid out of the general assets of the testator or testatrix. - 137
Ademption of legacies - Ademption of specific bequest of right to receive something from third party
If a specific bequest is a right to receive something from a third party and the testator receives that thing, the bequest is adeemed.
Section Ademption of specific bequest of right to receive something from third party Section Where the thing specifically bequeathed is the right to receive something of value from a third party and the testator or testatrix himself or herself receives it, the bequest is adeemed. - 138
Ademption of legacies - Ademption pro tanto by testator’s or testatrix’s receipt of part of entire thing specifically bequeathed
If the testator or testatrix receives part of a thing specifically bequeathed, that receipt operates as an ademption of the legacy to the extent of the amount received.
Section Ademption pro tanto by testator’s or testatrix’s receipt of part of entire thing specifically bequeathed Section The receipt by the testator or testatrix of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. - 139
Ademption of legacies - Ademption pro tanto by testator’s or testatrix’s receipt of portion of entire fund or stock of which portion has been specifically bequeathed
If a specifically bequeathed portion of a fund or stock is received by the testator, that receipt operates as an ademption only up to the amount received.
Section Ademption pro tanto by testator’s or testatrix’s receipt of portion of entire fund or stock of which portion has been specifically bequeathed Section If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator or testatrix of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. - 140
Ademption of legacies - Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and remainder insufficient to pay both legacies
If a portion of a fund is specifically bequeathed to one legatee and a legacy charged on the same fund is bequeathed to another, the specific legacy is paid first; the remainder of the fund is applied to the demonstrative legacy so far as it will extend, and any remaining demonstrative legacy is paid from the testator's general assets.
Section Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and remainder insufficient to pay both legacies Section Where a portion of the fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, if the testator or testatrix receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue, if any, of the fund shall be applied, so far as it will extend, in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator or testatrix. - 141
Ademption of legacies - Ademption where stock, specifically bequeathed, does not exist
If stock that was specifically bequeathed does not exist at the testator's death, the legacy is adeemed.
Section Ademption where stock, specifically bequeathed, does not exist Section Where stock which has been specifically bequeathed does not exist at the death of the testator or testatrix, the legacy is adeemed. - 142
Ademption of legacies - Ademption pro tanto where stock, specifically bequeathed, exists in part only
If stock specifically bequeathed exists only in part when the testator dies, the legacy is adeemed for the part that no longer exists.
Section Ademption pro tanto where stock, specifically bequeathed, exists in part only Section Where stock which has been specifically bequeathed exists only in part at the death of the testator or testatrix, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. - 143
Ademption of legacies - Non-ademption of bequest of goods described as connected with certain place
A specific bequest of goods described as connected with a particular place is not adeemed if the goods have been removed from that place by a temporary cause, by fraud, or without the testator's knowledge or sanction.
Section Non-ademption of bequest of goods described as connected with certain place Section A specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from that place from any temporary cause, or by fraud, or without knowledge or sanction of the testator or testatrix. - 144
Ademption of legacies - When removal of thing bequeathed does not constitute ademption
If a thing bequeathed is removed from the place named in the will, that removal does not amount to ademption when the place is mentioned only to complete the description of the bequest.
Section When removal of thing bequeathed does not constitute ademption Section The removal of a thing bequeathed from the place in which it is stated in the will to be situate does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator or testatrix meant to bequeath. - 145
Ademption of legacies - When thing bequeathed is valuable to be received by testator or testatrix from third person and testator or testatrix or his or her representative receives it
If the testator receives money or other commodity from a third person (rather than a right), that receipt does not adeem the legacy unless the testator mixes it with the general mass of his or her property.
Section When thing bequeathed is valuable to be received by testator or testatrix from third person and testator or testatrix or his or her representative receives it Section Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which shall be received from the third person by the testator or testatrix himself or herself or by his or her representatives, the receipt of the sum of money or other commodity by the testator or testatrix shall not constitute an ademption; but, if he or she mixes it with the general mass of his or her property, the legacy is adeemed. - 146
Ademption of legacies - Change by operation of law of subject of specific bequest between date of will and death of testator or testatrix
If a specifically bequeathed thing changes by operation of law or in executing the legal instrument under which it was held between the will's date and the testator's death, the legacy is not adeemed by that change.
Section Change by operation of law of subject of specific bequest between date of will and death of testator or testatrix Section Where a thing specifically bequeathed undergoes a change between the date of the will and the death of the testator or testatrix, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of that change. - 147
Ademption of legacies - Change without knowledge of testator or testatrix
If a specifically bequeathed thing changes between the will and the testator's death without the testator's knowledge or sanction, the legacy is not adeemed.
Section Change without knowledge of testator or testatrix Section Where a thing specifically bequeathed undergoes a change between the date of the will and the death of the testator or testatrix, and the change takes place without the knowledge or sanction of the testator or testatrix, the legacy is not adeemed. - 148
Ademption of legacies - Stock specifically bequeathed lent to third party
If stock that was specifically bequeathed is lent to a third party on condition it will be replaced, and it is replaced, the legacy is not adeemed.
Section Stock specifically bequeathed lent to third party Section Where stock, which has been specifically bequeathed, is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed. - 149
Ademption of legacies - Stock specifically bequeathed sold but replaced
If stock specifically bequeathed is sold and an equal quantity of the same stock is later purchased and belongs to the testator at death, the legacy is not adeemed.
Section Stock specifically bequeathed sold but replaced Section Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased, and belongs to the testator or testatrix at his or her death, the legacy is not adeemed.
Part XXII
Payment of liabilities in respect of subsect of bequest
- 150
Payment of liabilities in respect of subsect of bequest - Non-liability of executor or executrix to exonerate specific legatees
If specifically bequeathed property is subject to a pledge, lien or encumbrance created by the testator (or by someone he/she claims under), then unless the will shows a contrary intention, a legatee who accepts the bequest takes it subject to that pledge or encumbrance and is liable to make good the amount to the estate.
Section Non-liability of executor or executrix to exonerate specific legatees Section Where property specifically bequeathed is subject, at the death of the testator or testatrix, to any pledge, lien or encumbrance, created by the testator or testatrix himself or herself, or by any person under whom he or she claims, then, unless a contrary intention appears by the will, the legatee, if he or she accepts the bequest, shall accept it subject to such pledge or encumbrance, and shall, as between himself or herself and the estate of the testator or testatrix, be liable to make good the amount of the pledge or encumbrance. A contrary intention shall not be inferred from any direction which the will may contain for the payment of the debts of the testator or testatrix generally. A periodical payment in the nature of land revenue or in the pature of rent is not such an encumbrance as is contemplated by this section. - 151
Payment of liabilities in respect of subsect of bequest - Completion of title of testator or testatrix
Costs of completing the title to a bequeathed item are to be borne by the estate of the testator or testatrix.
Section Completion of title of testator or testatrix Section Where anything is to be done to complete the title of the testator or testatrix to the thing bequeathed, it is to be done at the cost of the estate of the testator or testatrix. - 152
Payment of liabilities in respect of subsect of bequest - Immovable property for which rent payable periodically
When a bequest includes an interest in immovable property that requires periodic payments like land revenue or rent, the testator's estate must pay those payments or a proportion of them up to the day of the testator's death, as between the estate and the legatee.
Section Immovable property for which rent payable periodically Section Where there is a bequest of any interest in immovable property , in respect of which payment in the nature of land revenue, or in the nature of rent, has to be made periodically, the estate of the testator or testatrix shall, as between the estate and the legatee, make good such payments or a proportion of them up to the day of his or her death. - 153
Payment of liabilities in respect of subsect of bequest - Stock in joint stock company
Calls or payments due at the testator's death on stock in a joint stock company are to be paid by the estate; calls that become due after death are to be paid by the legatee if the legatee accepts the bequest.
Section Stock in joint stock company Section In the absence of any direction in the will where there is a specific bequest of stock in a joint stock company, if any call or other payment is due from the testator or testatrix at the time of his or her death in respect of the stock, the call or payment shall, as between the estate of the testator or testatrix and the legatee, be borne by the estate; but, if any call or other payment shall, after the death of the testator or testatrix, become due in respect of the stock, the call or payment shall, as between the estate of the testator or testatrix and the legatee, be bome by the legatee if he or she accepts the bequest.
Part XXIII
Bequest of things described in general terms
- 154
Bequest of things described in general terms - Bequest of things in general terms
If a bequest is described in general terms, the executor or executrix must purchase for the legatee what reasonably answers that description.
Section Bequest of things in general terms Section If there is a bequest of something described in general terms, the executor or executrix must purchase for the legatee what may reasonably be considered to answer the description.
Part XXIV
Bequest of interest or produce of fund
- 155
Bequest of interest or produce of fund - Bequest of interest or produce of fund
If a will bequeaths the interest or produce of a fund to a person and gives no indication that enjoyment is limited, both the principal and the interest belong to the legatee.
Section Bequest of interest or produce of fund Section Where the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal as well as the interest shall belong to the legatee.
Part XXIX
Grant of probate and letters of administration
- 176
Grant of probate and letters of administration - Character and property of executor or executrix or administrator or administratrix
An executor or administrator of a deceased person is their legal representative for all purposes, and the deceased's property vests in that executor or administrator.
Section Character and property of executor or executrix or administrator or administratrix Section The executor or executrix or administrator or administratrix, as the case may be, of a deceased person is his or her legal representative for all purposes, and all the property of the deceased person vests in him or her as such. - 177
Grant of probate and letters of administration - Administration with copy annexed of authenticated copy of will proved abroad
If a will proved in a foreign court is produced as a properly authenticated copy, letters of administration may be granted with that copy annexed.
Section Administration with copy annexed of authenticated copy of will proved abroad Section When a will has been proved and deposited in a court of competent jurisdiction, situate beyond the limits of Uganda, whether in the Commonwealth or in a foreign country, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed. - 178
Grant of probate and letters of administration - Probate only to appointed executor or executrix
Probate may be granted only to an executor or executrix appointed by the will.
Section Probate only to appointed executor or executrix Section Probate can be granted only to an executor or executrix appointed by the will. - 179
Grant of probate and letters of administration - Appointment of executor or executrix
If a testator who is survived only by a child appoints that child's guardian and did not expressly appoint an executor, the guardian so appointed becomes the executor or executrix of the will.
Section Appointment of executor or executrix Section The appointment of an executor or executrix may be express or by necessary implication. Where a testator is survived by a child only and does not expressly appoint an executor or executrix but appoints a guardian for the child , the guardian so appointed shall be the executor or executrix of the will of the deceased person. - 180
Grant of probate and letters of administration - Persons to whom probate cannot be granted
Probate must not be granted to a minor or to a person who has a mental illness; the court has discretion to determine fitness and may defer appointment of an executor or refuse to grant probate.
Section Persons to whom probate cannot be granted Section Probate shall not be granted to any person who is a minor or who has a mental illness. Notwithstanding anything in this Act, court shall have the discretion to determine whether a person who is otherwise qualified to be granted probate , is fit and proper and court may defer the appointment of an executor or executrix to a later date or refuse to grant probate where an applicant is not fit and proper. - 181
Grant of probate and letters of administration - Grant of probate to several executors or executrixes
If several executors or executrixes are appointed, probate may be granted to all of them simultaneously or at different times.
Section Grant of probate to several executors or executrixes Section When several executors or executrixes are appointed, probate may be granted to them all simultaneously, or at different times. - 182
Grant of probate and letters of administration - Probate of codicil discovered after grant of probate
If a codicil is found after probate has been granted, a separate probate may be granted for that codicil to the executor or executrix, unless the codicil appoints different executors, in which case the original probate is revoked and a new probate of the will and codicil is granted together.
Section Probate of codicil discovered after grant of probate Section If a codicil is discovered after the grant of probate , a separate probate of that codicil may be granted to the executor or executrix, if it in no way revokes the appointment of executors or executrixes made by the will; but if different executors or executrixes are appointed by the codicil , the probate of the will shall be revoked, and a new probate granted of the will and the codicil together. - 183
Grant of probate and letters of administration - Surviving executor or executrix
If multiple executors are granted probate and one dies, the surviving executor(s) get the entire representation of the testator.
Section Surviving executor or executrix Section When probate has been granted to several executors or executrixes, and one of them dies, the entire representation of the testator or testatrix accrues to the surviving executor or executrix or executors or executrixes. - 184
Grant of probate and letters of administration - Right as executor or executrix or legatee, when established
A court will not establish any right as executor, executrix or legatee unless a Ugandan court has granted probate of the will or has granted letters of administration under section 177.
Section Right as executor or executrix or legatee, when established Section No right as executor or executrix or legatee shall be established in any court of justice, unless a court of competent jurisdiction within Uganda has granted probate of the will under which the right is claimed, or has granted letters of administration under section 177 . - 185
Grant of probate and letters of administration - Effect of probate
When probate of a will is granted, it establishes the will from the testator's death and validates all intermediate acts of the executor or executrix.
Section Effect of probate Section Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor or executrix, as such. - 186
Grant of probate and letters of administration - To whom administration may not be granted
Letters of administration must not be granted to minors or persons with a mental illness; the court may assess fitness and defer or refuse appointments.
Section To whom administration may not be granted Section Letters of administration shall not be granted to any person who is a minor or who has a mental illness. Notwithstanding anything in this Act, court shall have the discretion to determine whether a person who is otherwise qualified to administer an estate under this Act, is fit and proper to do so and the court may defer the appointment of an administrator or administratrix to a later date or refuse to grant letters of administration where an applicant is not suitable. - 187
Grant of probate and letters of administration - Right to intestate’s property, when established
A court shall not establish any right to part of a deceased person’s property if they died intestate unless letters of administration have first been granted by a court of competent jurisdiction, subject to section 4 of the Administrator General’s Act.
Section Right to intestate’s property, when established Section Except as provided in this section, but subject to section 4 of the Administrator General’s Act, no right to any part of the property of a person who has died intestate shall be established in any court of justice, unless letters of administration have first been granted by a court of competent jurisdiction. - 188
Grant of probate and letters of administration - Effect of letters of administration
Letters of administration entitle the administrator or administratrix to all rights belonging to the intestate.
Section Effect of letters of administration Section Letters of administration entitle the administrator or administratrix to all rights belonging to the intestate as effectually as if the administration has been granted at the moment after his or her death. - 189
Grant of probate and letters of administration - Acts not validated by administration
Letters of administration do not render valid any intermediate acts of the administrator or administratrix that tend to diminish or damage the intestate’s estate.
Section Acts not validated by administration Section Letters of administration do not render valid any intermediate acts of the administrator or administratrix tending to the diminution or damage of the intestate’s estate. - 190
Grant of probate and letters of administration - Grant of administration where executor or executrix has not renounced
If one or more executors have proved a will, the court may grant letters of administration on the death of the survivor without citing those who have not proved.
Section Grant of administration where executor or executrix has not renounced Section When a person appointed an executor or executrix has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor or executrix to accept or renounce his or her executorship. When one or more of several executors or executrixes have proved a will, the court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved. - 191
Grant of probate and letters of administration - Form and effect of renunciation
A person may renounce (orally before certain officials or by signed writing); if they renounce, they are thereafter precluded from applying for probate of the will that appointed them executor.
Section Form and effect of renunciation Section A renunciation may be made orally in the presence of a magistrate, commissioner for oaths or justice of the peace or by writing signed by the person renouncing, and, when made, shall preclude him or her from ever thereafter applying for probate of the will appointing him or her executor or executrix. - 192
Grant of probate and letters of administration - Procedure where executor or executrix renounces or fails to accept within time limited
If an executor renounces or fails to accept within the time allowed, the will may be proved and letters of administration with a copy of the will annexed may be granted to the person entitled to administration on intestacy.
Section Procedure where executor or executrix renounces or fails to accept within time limited Section If an executor or executrix renounces, or fails to accept, the executorship within the time limited for the acceptance or refusal of the executorship, the will may be proved, and letters of administration with a copy of the will annexed may be granted to the person who would be entitled to administration in case of intestacy. - 193
Grant of probate and letters of administration - Grant of administration to universal or residuary legatee
Grant of administration to universal or residuary legatee
Section Grant of administration to universal or residuary legatee Section Subject to section 4 of the Administrator General’s Act, when the deceased has made a will— but has not appointed an executor or executrix; when he or she has appointed an executor or executrix who is legally incapable, or refuses to act, or has died before the testator or testatrix, or before he or she has proved the will; or when the executor or executrix dies after having proved the will, but before he or she has administered all the estate of the deceased, - 194
Grant of probate and letters of administration - Administration by representative of deceased residuary legatee
If a residuary legatee who would inherit survives the testator but dies before administration is complete, that legatee's representative is entitled to administer the estate with the will annexed.
Section Administration by representative of deceased residuary legatee Section When a residuary legatee who has a beneficial interest survives the testator or testatrix, but dies before the estate has been fully administered, his or her representative has the same right to administration with the will annexed as the residuary legatee. - 195
Grant of probate and letters of administration - Grant of administration where no executor or executrix nor residuary legatee, nor representative of such legatee
If there is no executor or residuary legatee (or they decline, are incapable, or cannot be found), those entitled to administer the estate, any other legatee with a beneficial interest, or the Administrator General may be admitted to prove the will and may be granted letters of administration.
Section Grant of administration where no executor or executrix nor residuary legatee, nor representative of such legatee Section When there is no executor or executrix, and no residuary legatee or representative of a residuary legatee, or he or she declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he or she had died intestate, or any other legatee having a beneficial interest, or the Administrator General, may be admitted to prove the will, and letters of administration may be granted to him or her or them accordingly. - 196
Grant of probate and letters of administration - Citation before grant of administration to legatee other than universal or residuary
Letters of administration with the will annexed must not be granted to any legatee other than a universal or residuary legatee until a citation calling on the spouse and lineal descendants to accept or refuse letters of administration has been issued and published.
Section Citation before grant of administration to legatee other than universal or residuary Section Letters of administration with the will annexed shall not be granted to any legatee other than a universal or a residuary legatee, until a citation calling on the spouse and lineal descendants of the deceased person to accept or refuse letters of administration has been issued and published. - 197
Grant of probate and letters of administration - Order in which connections entitled to administer
If a person dies intestate, people connected to the deceased by marriage or by consanguinity are entitled to obtain letters of administration of the estate and effects.
Section Order in which connections entitled to administer Section When the deceased has died intestate, those who are connected with the deceased either by marriage or by consanguinity are entitled to obtain letters of administration of his or her estate and effects in the order and according to the provisions hereafter contained. - 198
Grant of probate and letters of administration - Entitlement to administration
Administration shall be granted to the person entitled to the greatest proportion of the estate under section 23, subject to section 4 of the Administrator General’s Act and section 199 of this Act.
Section Entitlement to administration Section Subject to section 4 of the Administrator General’s Act and section 199 of this Act, administration shall be granted to the person entitled to the greatest proportion of the estate under section 23 . - 199
Grant of probate and letters of administration - Surviving spouse to have priority to administer estate of deceased spouse
The surviving spouse has priority over any other person to administer the estate of a deceased intestate.
Section Surviving spouse to have priority to administer estate of deceased spouse Section The preference of the surviving spouse under subsection (1) may be disregarded by the Administrator General under section 4 of the Administrator General’s Act where— The surviving spouse shall have preference over any other person in the administration of the estate of a deceased intestate. the Administrator General determines that the surviving spouse is not a fit and proper person to administer the estate of the deceased spouse ; or the Administrator General finds it necessary, in the circumstances of the estate, that court grants the administration of the estate to another person. - 200
Grant of probate and letters of administration - Citation of persons entitled in priority to administer
Administration shall not be granted to any relative if there is some other relative or an appointed customary heir or heiress entitled to a greater proportion of the estate until a citation has been issued and published calling on that other relative or heir or heiress to accept or refuse letters of administration.
Section Citation of persons entitled in priority to administer Section Administration shall not be granted to any relative if there is some other relative or an appointed customary heir or heiress entitled to a greater proportion of the estate until a citation has been issued and published in the manner hereafter provided calling on that other relative or heir or heiress to accept or refuse letters of administration. - 201
Grant of probate and letters of administration - Entitlement between members of same class
If two or more people have the same share of an estate, they are equally entitled to administer it.
Section Entitlement between members of same class Section Where two or more persons are entitled to the same proportion of the estate, they shall be equally entitled to administration, and a grant may be made to one or some of them jointly after a citation has been issued and published in the manner prescribed in this Act. - 202
Grant of probate and letters of administration - Title of kindred to administration
Persons equally related to the deceased are equally entitled to administration.
Section Title of kindred to administration Section Those who stand in equal degree of kindred to the deceased are equally entitled to administration. - 203
Grant of probate and letters of administration - Grant of administration to creditor
When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, administration may be granted to a creditor.
Section Grant of administration to creditor Section When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, administration may be granted to a creditor. - 204
Grant of probate and letters of administration - Administration where property left in Uganda
If the deceased left property in Uganda, letters of administration shall be granted according to the foregoing provisions even if the deceased was domiciled in a country whose succession law differs from Uganda's.
Section Administration where property left in Uganda Section Where the deceased has left property in Uganda, letters of administration shall be granted according to the foregoing provisions, although he or she may have been a domiciled inhabitant of a country in which the law relating to testate and intestate succession differs from the law of Uganda.
Part XXV
Bequest of annuities
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Bequest of annuities - Annuity created by will payable for life only
A legatee named in a will is entitled to receive an annuity for life only, unless the will shows a contrary intention; the entitlement is not affected by directing payment from the general property or by bequeathing money for purchasing the annuity.
Section Annuity created by will payable for life only Section Where an annuity is created by will, the legatee is entitled to receive it for his or her life only, unless a contrary intention appears by the will; and this provision shall not be varied by the circumstance that the annuity is directed to be paid out of the property generally or that a sum of money is bequeathed to be invested in the purchase of it. - 157
Bequest of annuities - Period of vesting where will directs that annuity be provided out of proceeds of property, etc.
When a will directs an annuity (or money to buy one) for a person, on the testator's death the legacy vests in the legatee, who is entitled to choose between having an annuity purchased or receiving the money set aside for that purpose.
Section Period of vesting where will directs that annuity be provided out of proceeds of property, etc. Section Where a will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of an annuity for any person, on the death of the testator or testatrix the legacy vests in interest in the legatee, and he or she is entitled, at his or her option, to have an annuity purchased for him or her, or to receive the money appropriated for that purpose by the will. - 158
Bequest of annuities - Abatement of annuity
If the estate cannot pay all legacies, a bequeathed annuity is reduced pro rata with other pecuniary legacies under the will.
Section Abatement of annuity Section Where an annuity is bequeathed, but the assets of the testator or testatrix are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. - 159
Bequest of annuities - Gift of annuity and residuary gift
If there is both a gift of an annuity and a residuary gift, the entire annuity must be paid before any part of the residue is paid; if necessary, the estate capital shall be applied to satisfy the annuity.
Section Gift of annuity and residuary gift Section Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the estate of the testator or testatrix shall be applied for that purpose.
Part XXVI
Legacies to creditors and portioners
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Legacies to creditors and portioners - Legacy to creditor
If a debtor leaves a legacy to their creditor and the will does not show it is intended to satisfy the debt, the creditor is entitled to both the legacy and the debt amount.
Section Legacy to creditor Section Where a debtor bequeaths a legacy to his or her creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt.
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