The succession Amendment Act of 2022 came into force in April 2022. The Act seeks to protect several categories of people in terms of distribution of the property of the intestate, security of occupancy of the residential holding and the Act nose seeks to provide clarity on the timelines within which one may administer an estate. This article seeks to throw light on some of the key provisions in the Amendment Act and their effect on the inheritance and administration of estates of deceased persons in Uganda.
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This a purely academic unpublished document. Any copyright infringement is highly regretted.
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Petitions for the grant of probate or letters of administration are conducted through prescribed Forms listed in the laws governing administration of deceased’s estates. There are eight Forms applicable in the primary court and 86 Forms in the High Court and district court. Applications and most orders of the court are designed to be effected through these Forms. The matrix below summarises necessary steps, relevant forms, supporting documents, enabling provisions of the law and their relevance in a petition for grant of probate or letters of administration. Compliance with the law will facilitate parties and the court to reach the end of justice timely and reasonably. The matrix focuses on the Probate and Administration of Estates Act, Cap. 352 and the Probate Rules GNs. 10, 107 and 369 of 1963.
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This study explores the ways in which widows in Kampala, Uganda are deprived of homeownership upon the death of their husbands. Homeownership through inheritance usually means that widows have the authority to register the home in their names and have the power to use and sell the home upon the death of their husbands. This study, which is based on life story interviews with widows in the middle-income areas of Kampala, found that women are prevented from inheriting the matrimonial home due to customary laws and practices. According to customary law, women may not own property and hence, upon the death of the husband, the ownership of his home is passed on to a male member of his family. In terms of statutory law, the Succession Act dictates that the matrimonial home is inherited by the eldest son of the deceased. Although there have been successful legal challenges which have shown the intestate succession law to be unconstitutional parliament has yet to change this law. The resear.
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Reginald Nii Odoi
It is certain that human life is not perpetual and surely does come to an end. That notwithstanding, during one’s lifetime, several properties whether movable and/or immovable are acquired but cannot be carried along into the afterlife. Thus, the Ghanaian law and the Common law in general allows persons to execute Wills as the legal means by which property acquired during their lifetime could be disposed of, in the event of death. Wills represent the aggregate of a person’s “testamentary intentions so far as they are manifested in writing and duly executed according to the statute.” Wills are capable of disposing of all real and/or personal property of the testator in accordance with law. The law also ensures that the true declaration of the last Will of a testator is that which is done after the death of the testator. The law follows the intentions of the testator by leaving everything to the unfettered discretion of the testator since the law presumes that the “instincts, affections and common sentiments” of the testator may be safely trusted to secure a better disposition of the property of the dead as compared to a distribution prescribed by the stereotyped and inflexible rules of a general law. However, there are instances where dependants of the deceased, whether deliberately or inadvertently, are not provided for in the Will of the deceased testator. In such instances, Ghanaian law does not leave dependants without a remedy. This Article thus seeks to explore the legal claim for reasonable provision out of the Will of a deceased testator in favor of dependants of the testator. By so doing, the Article would review the legal architecture as well as a number of decisions of the Superior Courts of Judicature on the subject so as to explore the jurisprudence on the subject of reasonable provision in a Will.
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This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.
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