Succession Act

If a parent contractually obliged to provide a portion fails to do so, later leaves a legacy to the child, and the will does not state the legacy satisfies the portion, the child is entitled to both the legacy and the portion.

A bequest shall not be wholly or partially adeemed by a later provision made by settlement or otherwise for the legatee.

If a will attempts to dispose of property the testator had no right to dispose, the person who actually owns the thing must choose to confirm the will's disposition or to dissent from it.

An interest relinquished under section 163 devolves as if not disposed of by the will, in favour of the legatee, but subject to a charge to make good to the legatee the amount or value of the attempted gift.

Sections 162 and 164 apply whether or not the testator/testatrix believes the property disposed of by the will to be their own.

For election purposes, a bequest for the benefit of a person is treated the same as a bequest made to that person.

A person who takes no benefit directly under a will but derives a benefit under it indirectly is not put to his or her election.

A person who takes a benefit under a will in their individual capacity may, acting in another capacity, elect to take in opposition to the will.

If a legatee claims an item that a will says they receive as a particular gift in lieu of that item, the legatee must give up the particular gift but may keep other benefits under the will.

Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will where the legatee knows of the right to elect and the influencing circumstances, or waives inquiry into them.

If a legatee has enjoyed the benefits provided by the will for two years without acting to express dissent, knowledge or waiver of inquiry is presumed.

For the purposes of section 170, knowledge or waiver of inquiry may be inferred from any act of the legatee that makes it impossible to restore interested persons to the same position as if the act had not been done.

If a legatee fails within one year after the testator's death to tell the representatives whether they confirm or dissent from the will, the representatives must, after that period, require the legatee to choose; if the legatee then fails to comply within a reasonable time, they are deemed to have elected to confirm the will.

If there is a disability, an election shall be postponed until the disability ceases or until a competent authority makes the election.

A person may, subject to sections 22, 25 and 30(2), dispose by gift made in contemplation of death any movable property they could dispose of by will; such a gift can be repossessed by the donor within six months of recovery; donations over twenty-five currency points must be in writing.

The High Court and a magistrate’s court must exercise jurisdiction to grant probate and letters of administration under this Act in accordance with the Administration of Estates (Small Estates) (Special Provisions) Act.

A chief magistrate and a magistrate have the same powers and authority regarding granting probate and letters of administration as they have in civil suits pending in court.

A chief magistrate and a magistrate may order a person to produce testamentary papers; the court may direct attendance and examination, persons must answer questions and, if ordered, produce the papers; failure may attract punishment under section 94 and costs are at the court's discretion.

Proceedings in the Chief Magistrate's or Magistrate's court relating to granting probate and letters of administration must be governed, subject to later provisions and case circumstances, by the law of civil procedure.

The Chief Magistrate or Magistrate within whose jurisdiction any part of a deceased person's property is located must interfere to protect that property in specified circumstances and is authorised to appoint an officer to take and keep possession.

The Chief Magistrate or a Magistrate may grant probate or letters of administration if a verified petition shows the deceased had a fixed abode or property within the delegate's jurisdiction.

A delegate may refuse an application made to a Chief Magistrate or Magistrate for a district where the deceased had no fixed abode, or may grant letters of administration (absolutely or limited to property within the delegate's jurisdiction) when the application is for letters of administration.

Probate or letters of administration are conclusive over the deceased's property throughout Uganda and afford full indemnity to debtors paying debts and persons delivering up property to the grantee.

An application for probate or letters of administration, if made and verified as provided, shall be conclusive for the purpose of authorising the grant of probate or administration.

A petition in English with the will attached must state the time of death, that the annexed writing is the last will duly executed, the assets likely to come to the petitioner, and that the petitioner is the executor; additional particulars are required when applying to a Chief Magistrate or Magistrate. The application must be made within one year of the testator's death. If the named executor does not apply in time, a beneficiary may apply for letters of administration with the will annexed.

If a will is not in English, a translation must be annexed to the petition by a court-appointed translator where one exists, or by any competent person otherwise; that person must verify the translation using the specified declaration.

A petitioning applicant (the petitioner) must make the application for letters of administration in English and include specified facts about the deceased, relatives, the petitioner’s right, property within the relevant jurisdiction, and likely assets; additional residence information is required when applying to a Chief Magistrate or Magistrate.

The petitioner (and the petitioner's advocate, if any) must subscribe the petition and the petitioner must verify it by a signed declaration of truth.

If the application is for probate, the petition must be verified by at least one of the witnesses to the will, when procurable, using the prescribed declaration form.

Making a false statement in a petition or declaration required to be verified is an offence and on conviction the person may be fined up to one hundred sixty-eight currency points or imprisoned for up to seven years, or both.

A judge, Chief Magistrate or Magistrate may examine the petitioner on oath, require further evidence about the will or entitlement to letters of administration, and issue citations for interested persons to appear before granting probate or letters of administration.

The Administrator General may apply to the court for letters of administration, and the court may grant letters of administration to the Administrator General.

No probate or letters of administration (or resealing of them) shall be granted by the High Court, Chief Magistrate or Magistrate unless a certificate from an assistant estate duty commissioner is produced, except for applications by the Administrator General.

When a caveat is lodged in a Chief Magistrates Court or Magistrates Court, the Chief Magistrate or Magistrate must immediately send a copy of the caveat to the High Court.

Specifies the required wording and form of a caveat under section 249.

A person lodging a caveat under section 249 must, within fourteen days, serve a copy on the petitioner; when a caveat is lodged the court must suspend the proceedings until the caveat is withdrawn, lapsed, or removed by suit and determination.

Petitioners must sue to remove a lodged caveat within six months; caveat-lodgers must commence proceedings to prove objections within six months; if a caveat under subsection (2) lapses the lodger must not lodge another caveat for the same estate.

If there is no contention but the Chief Magistrate or Magistrate doubts whether to grant probate or letters of administration, they may send a statement to the High Court; the High Court may direct them how to proceed or forbid further proceedings.

If the Chief Magistrate or Magistrate impounds a petition and related documents for the purposes of justice, they are authorised to impound them and must send them to the High Court.

A judge of the High Court, Chief Magistrate or Magistrate shall grant probate under the seal of the court when it appears probate should be granted; executors must inventory estate within six months and render an account within one year; the court may extend prescribed periods on application and satisfaction of conditions.

When it appears to a judge or magistrate that letters of administration should be granted, the judge or magistrate shall grant them under the seal of the court; the grantee must inventory estate assets within six months and render an account within one year; the court may, on application and subject to conditions, extend prescribed periods; grants are valid for not exceeding two years.

The court may require a person, before granting letters of administration, to give a bond to a judge, Chief Magistrate or Magistrate (with sureties) in a form directed by the High Court.

The court may assign an administration bond to a person (or their executors/administrators) on petition and specified conditions; that assignee may sue on and recover on the bond as trustee for interested persons.

Probate cannot be granted until seven clear days after death; letters of administration cannot be granted until fourteen clear days after death.

A judge, Chief Magistrate or Magistrate must file and preserve original wills among their court records, and the Attorney General must make regulations for preserving and inspecting those filed wills.

After a grant of probate or letters of administration, only the person granted probate or administration may sue or act as the deceased's representative until the grant is recalled or revoked.

In contentious High Court probate or administration cases the proceedings should, as far as possible, follow ordinary civil suit procedure; the High Court may refer parties to the Administrator General in certain notice-related situations and must issue summonses to persons named in the probate or administration application to appear as witnesses.

Payments made in good faith to an executor or administrator under a probate or administration before its revocation are a legal discharge to the payer, and an executor or administrator who acted under a revoked probate or administration may retain and reimburse themselves for payments they made.

Every order made by the Chief Magistrate or a Magistrate may be appealed to the High Court under the applicable civil procedure rules.

It is an offence for a person (not the Administrator General, the Administrator General's agent, or a court-appointed executor/administrator) to intermeddle with a deceased person's estate; certain limited acts before grant of probate/administration (listed) are permitted and do not amount to intermeddling, subject to a three-month or until-grant time limit. Persons taking possession must immediately report to the Administrator General and are liable for loss they cause; offences carry fines or imprisonment and may include an obligation to make good losses.

A person who becomes an executor of his or her own wrong must answer to the rightful executor, administrator, creditor or legatee for assets that came into their hands, after certain deductions.

Executors or administrators must account for sale proceeds; they may sell estate property with written consent of the surviving spouse and all lineal descendants (subject to sections 23 and 30(2)); guardians must consent for minor beneficiaries; if consent is withheld the executor may apply to court; the court may authorise sale if beneficial; beneficiaries get first option to buy; executors are generally ineligible to buy except in limited circumstances; disposals contrary to the section are void.

If there are multiple executors or administrators, any one of them who has proved the will or taken out administration may exercise the powers of all, subject to direction to the contrary.

If one or more co-executors or co-administrators die, the remaining executors or administrators gain (vested) all the powers of the office.

An administrator (or administratrix) of unadministered effects has the same powers, with respect to those effects, as the original executor or administrator.

An administrator or administratrix during minority has the same powers as an ordinary administrator.

An executor or executrix must perform the deceased's funeral in a manner suitable to the deceased's condition if the deceased left property sufficient for that purpose.

Executors or administrators must submit an inventory within six months of grant (or further time allowed by the court), submit an account within one year (or further time allowed), and file final verified accounts on completion of administration (except small estates); the Chief Justice may prescribe the form; intentional failure or false statements are offences under cited Penal Code sections.

An executor, executrix, administrator or administratrix must diligently manage the deceased's property and collect debts owed to the deceased.

Funeral expenses and deathbed charges (including one month of board and lodging and medical attendance fees) are to be paid before all debts.

Expenses of obtaining probate or letters of administration, including costs for any judicial proceedings necessary for administering the estate, are to be paid next after funeral expenses and deathbed charges.

Wages for services rendered to the deceased by any labourer, artisan or domestic servant within three months before death are to be paid before the other debts of the deceased.

The executor or administratrix must pay all debts known to them, including their own, equally and rateably as far as the deceased's assets extend.

If the deceased's domicile was not in Uganda, the application of their movable property to pay their debts is to be governed by the law of Uganda.

A creditor who has already received part payment under section 279 is not entitled to share in the deceased's immovable estate unless they bring that payment into account for other creditors.

Debts of every description shall be paid before any legacy.

If the deceased's estate has contingent liabilities, an executor or administrator is not required to pay any legacy unless they receive a sufficient indemnity to cover those liabilities.

If estate assets after debts, expenses and specific legacies are insufficient, general legacies are reduced equally; executors may not prefer one legatee over another or retain legacy money for themselves or persons they trust.

If there is a specific legacy and the assets are enough to pay debts and necessary expenses, the specified thing must be delivered to the legatee without any abatement.

If a demonstrative legacy exists and the specified fund is exhausted leaving part unpaid, the legatee can claim the unpaid remainder from the general assets.

If the assets are not sufficient to answer the debts and specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.

For the purpose of abatement, certain legacies (a legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no sum is appropriated) are treated as general legacies.

An executor or executrix who has paid a legacy under a judge's order may require the legatee to refund it if the estate assets are insufficient to pay all legacies.

If an executor or executrix voluntarily pays a legacy, they cannot require a legatee to refund it even if the estate's assets prove insufficient to pay all legacies.

If a will's condition is later performed after an executor distributed assets in good faith following the deadline and further time was allowed under section 120, the persons who received the legacy must refund the amount.

When an executor/executrix has paid out legacies and later must pay a previously unknown debt, the executor/executrix may require each legatee to refund proportionally.

After giving the prescribed notices and once the claim period expires, an executor or administrator may distribute estate assets to satisfy lawful claims they know of and will not be liable for distributions made without notice; creditors still retain the right to follow distributed assets.

A creditor who has not been paid may ask a legatee who received a legacy to refund it.

If the testator's assets were sufficient at death, a legatee who was unpaid (or compelled to refund under section 319) cannot force a legatee who was paid in full to refund even if assets later become deficient.

An unsatisfied legatee must first proceed against a solvent executor or executrix before calling on a satisfied legatee to refund; if the executor is insolvent or not liable, the unsatisfied legatee may require each satisfied legatee to refund in proportion.

The refunding by one legatee to another must not exceed the amount by which the satisfied legacy ought to have been reduced if the estate had been properly administered.

Refunding must be done without interest.

After payment of debts and legacies, the surplus (residue) of the deceased’s property shall be paid to the residuary legatee appointed by the will.

An executor or administrator in Uganda may transfer surplus or residue of a non‑resident deceased’s property to the executor or administrator in the deceased’s country of domicile for distribution, provided notices (section 318) were given, lawful claims known were discharged at the expiration of the notice period, and the foreign executor’s consent is obtained.

Applicants to the High Court for probate or administration must notify the court if they believe the deceased left property in a foreign court; the court may delay payment of non-priority claims (for up to 18 months), accept foreign court-certified statements for distribution decisions, order assets to be distributed to secure rateable payments, permit transmission of remaining balances abroad, and executors acting in good faith under such orders are not liable to be sued.

An executor or executrix must give assent to complete a legatee’s title to their legacy.

An executor's or executrix's assent to a specific bequest is sufficient to divest their executor interest and transfer the bequest to the legatee, subject to transfer rules required by the nature or circumstances of the property.

An executor or executrix may make their assent to a legacy conditional; if the condition is one they have a right to enforce and it is not performed, there is no assent.

If an executor or executrix is also a legatee, they must assent to their own legacy to complete title; assent can be express or implied, and is implied when their administration includes acts referable to them as legatee rather than as executor.

When the executor or executrix assents to a legacy, that legacy takes effect from the death of the testator or testatrix.

An executor or executrix is not required to pay or deliver any legacy until one year after the testator's death.

A person beneficially interested in immovable property vested in a personal representative may petition the court for partition; the court may appoint arbitrators if satisfied it would be beneficial and not economically undesirable; the arbitrators' signed and court‑confirmed award vests the allotted immovable property in each allottee, and any charge for equalising the partition takes effect according to the award's expressed terms.

If an annuity is given by a will and no time is fixed for its commencement, it begins at the death of the testator or testatrix, and the first payment is due one year after that event.

The executor or executrix is not required to pay the annuity payment until the end of the year.

If a will directs that the first annuity payment be made within a set time after death or on a day certain, later payments must be made on the anniversary of the earliest authorised first-payment date; if the annuitant dies between payments, an apportioned share must be paid to the annuitant's representative.

If a legacy (not specific) is given for life, the sum bequeathed must be invested at the end of the year in securities authorised by law, and the proceeds must be paid to the legatee as they accrue.

If a general legacy is to be paid later, the executor or executrix must invest enough money in the securities mentioned in section 298 to meet that legacy.

If an annuity is given but no fund is charged with its payment or appropriated by the will, a Government annuity of the specified amount shall be purchased or, if unavailable, a sum sufficient to produce the annuity shall be invested in authorised securities.

The executor or executrix may transfer the whole residue of the estate to the residuary legatee provided they give sufficient security for payment of the legacy if it becomes due.

If residue of an estate is left to a person for life without directions to invest, any part not already invested in legally authorised securities at the testator's death must be converted to money and invested in those authorised securities.

If the testator bequeaths the residue of their estate to a person for life with a direction that it be invested in specified securities, any part of the estate not already invested in those specified securities at the time of death must be converted into money and invested in those securities.

The executor or executrix must carry out the conversion and investment at times and in the manner they in their discretion consider appropriate; until those actions are completed, the person entitled to the fund's income shall receive interest of four percent per year on the market value (computed at date of death) of the uninvested part.

If a legatee entitled to immediate payment or possession is a minor and the will contains no direction for payment on their behalf, the executor or administrator must pay or deliver the bequest into the High Court or to the Chief Magistrate or Magistrate to the legatee's account; that payment discharges the executor or administrator. The money, once paid in, may be invested as directed by the judge or Chief Magistrate or Magistrate.

When someone entitled to a deceased person's estate is a minor, the executor must give the minor's share to the guardian; the guardian must prudently manage and apply the property for the minor's benefit, safeguard it, make an annual account to specified persons, and (except where a court orders otherwise) transfer the property to the minor within six months of the minor turning eighteen; a guardian or other person may apply to court if they think the transferee is unfit.

A legatee of a specific legacy is entitled to the clear produce of that legacy, if any, from the death of the testator or testatrix.

The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the death of the testator or testatrix, subject to subsection (2); however income accruing between death and vesting (for contingent residuary bequests) does not form part of the legacy.

If no time is fixed for paying a general legacy, interest runs from one year after the testator's death, subject to specified exceptions.

If a time is fixed for payment of a general legacy, interest runs from that fixed time and the interest up to that time forms part of the residuary estate; except that where the testator was a parent or put themselves in the place of a parent and the legatee is a minor, the legacy bears interest from the testator's death unless the will gives a specific sum for maintenance.

The rate of interest is four percent per year.

No interest is payable on arrears of an annuity within the first year from the death of the testator or testatrix.

If a sum of money is directed to be invested to produce an annuity, interest is payable on that sum from the death of the testator or testatrix.