Administrator-General’s Act

Section 1. Interpretation Section “ Administrator General ” includes a deputy and an assistant Administrator General;

Section 10.Administrator Generalto transmit accounts to Minister Section 10(1) When the accounts of the Administrator General in connection with the estate of an officer in the public service have been passed by the court , the Administrator General shall forthwith transmit to the Minister or a person generally or specially appointed by the Minister an office copy of the accounts filed in the court , of the affidavit in verification and of the certificate of the passing thereof. Section 10(2) If an administration is not completed within six months from the date of the death of such officer, the Administrator General shall report the same to the Minister or a person generally or specially appointed by the Minister stating the cause of delay in the completion of the administration.

Section 11. Intermeddling with property of deceased Section 11(1) When a person dies, whether within or without Uganda, leaving property within Uganda, any person who, without being duly authorised by law or without the authority of the Administrator General or an agent , takes possession of, causes to be moved or otherwise intermeddles with any such property, except insofar as may be urgently necessary for the preservation of the property, or unlawfully refuses or neglects to deliver any such property to the Administrator General or his or her agent when called upon so to do, commits an offence; and any person taking any action in regard to any such property for the preservation of the property shall forthwith report particulars of the property and of the steps taken to the agent , and if that person fails so to report he or she commits an offence. Section 11(2) Any person who commits an offence under this section is liable on conviction to imprisonment for a period not exceeding three months or to a fine not exceeding two hundred shillings or to both, but without prejudice to any civil liabilities which he or she may have incurred.

Section 12. Surviving partner to furnish sworn statement Section 12(1) When a person dies being a member of a partnership carrying on business in Uganda, the surviving partner or partners shall, as soon as possible and in no case later than two months after the death, furnish to the Administrator General a full and true statement of the affairs of the partnership at the time of the death; except that when no surviving partner is in Uganda at the time of the death, the statement shall be furnished within not later than two months after the arrival of any partner in Uganda. Section 12(2) Such statement shall be verified by affidavit and shall contain— Section 12(2)(a) particulars, including values, of the freehold and leasehold property of the partnership; Section 12(2)(b) particulars of cash of the partnership in hand or in the bank; Section 12(2)(c) particulars of the book and other debts of the partnership showing the names and addresses of the debtors; Section 12(2)(d) particulars of the stock-in-trade, plant, machinery, fittings and all other personal estate of the partnership not included under paragraphs (a) to (c) of this subsection; Section 12(2)(e) particulars of the liabil...

Section 13. Power to call for sworn statement as to wages due to deceased Section 13(1) If the Administrator General has reason to believe or to suspect that there is due and owing by any person, firm or company to the deceased, whose estate he or she is administering, any salary, wages, remuneration or commission, he or she may call upon the person, firm or company by notice in writing to furnish within a period to be stated in the notice a statement verified by affidavit showing the amount so due and giving full details as to how the same is arrived at or that no amount whatever is due to the deceased. Section 13(2) Any person failing to comply with the terms of any such notice commits an offence and is liable on conviction to imprisonment for a period not exceeding three months or to a fine not exceeding two hundred shillings or to both such imprisonment and fine.

Section 14. Agent may take possession to protect property Section 14(1) When any person dies leaving property within Uganda, the agent of the area in which any such property is situated may, when he or she deems it advisable for the protection of the property, take possession of it; and in such case he or she shall forthwith report his or her action to the Administrator General , who shall give such directions and take such proceedings in the matter as he or she thinks fit. Section 14(2) Any fees recoverable or costs or expenses so incurred shall be a first charge on the property, and the Administrator General may decline to hand over the property to any person empowered by the court to receive it until he or she has been paid such fees, costs and expenses.

Section 15. Death ofagentof person not residing in Uganda Section 15(1) Whenever the agent in charge of any property in Uganda belonging to any person not residing in Uganda or belonging to a company not incorporated in Uganda dies without leaving any responsible person in charge of the property, the court may, upon the application of the Administrator General or any person interested in the property or in the due administration of it, direct the Administrator General to collect and take possession of the property and to hold, possess, realise and dispose of it according to the directions of the court , or in default of any such directions according to the provisions of this Act so far as they are applicable to the property. Section 15(2) Any order of the court made under this section shall entitle the Administrator General — Section 15(2)(a) to maintain any suit or proceedings for the recovery of such property; Section 15(2)(b) if he or she thinks fit, to apply for letters of administration of the estate of such deceased person; and Section 15(2)(c) to retain out of the property any fees chargeable under rules made under this Act, and to reimburse himself or herself for all paymen...

Section 16. Power to dispose of property Section The Administrator General may, subject to any wishes which may be expressed by the next of kin of the deceased, dispose of the property of an estate under his or her administration either wholly or in part and either by public auction or private treaty as he or she in his or her discretion may deem to be in the best interests of the estate.

Section 17.Administrator Generalto make inventory and keep accounts Section make a complete inventory of every estate which he or she is administering;

Section 18. Notice to creditors and claimants; distribution of estate Section 18(1) In every estate, the administration of which has been committed to him or her by the court , the Administrator General shall cause a notice to be published in the Gazette , and also in one or more local newspapers should he or she so consider advisable, calling upon creditors and others having claims against the estate to file and prove their claims against the estate on or before the date mentioned in the notice, which shall not be less than one month after the date of the publication of the notice. Section 18(2) The Administrator General may require any claimant to satisfy him or her of the validity of the claim by affidavit or otherwise or to institute proceedings to establish the claim within the period aforesaid or within such further period as he or she may stipulate. Section 18(3) The Administrator General shall, at the expiration of such period, be at liberty to distribute the assets or any part of them in discharge of such lawful claims as have been proved before him or her, having regard to any claim in respect of which proceedings may have been instituted as provided in subsection (2), an...

Section 19. Unclaimed balance Section 19(1) If after the payment to all such claimants as can be traced of all claims which have been made and admitted or established against an estate being administered by the Administrator General there shall remain an amount due to a claimant who cannot be traced or a balance to which no person has established a claim or to which no one is beneficially entitled, the Administrator General shall publish a notice in the Gazette notifying the fact and calling upon all persons having any claim thereto to send in the claim to him or her. Section 19(2) After the expiration of two years from the publication of any such notice, the Administrator General shall pay all such amounts as still remain unpaid in his or her hands and to which no claim has been established into the Consolidated Fund, and upon such payment all claims of any person to those amounts shall be barred and become extinguished; except that— Section 19(2)(a) nothing in this section shall prejudice or affect legal proceedings in respect of any such claims which have been instituted before the expiration of the period of two years; and Section 19(2)(b) it shall be lawful for the Minister to...

Section 2.Administrator General Section 2(1) Subject to any written law relating to the appointment of persons to the public service, there shall be appointed an Administrator General and such deputy and assistant administrators general as may be necessary for the purposes of this Act. Section 2(2) The Administrator General shall be a corporation sole by the name of the Administrator General of Uganda with perpetual succession and an official seal; and in all proceedings under this Act and in all legal proceedings he or she shall sue and be sued by that name, and it shall be necessary to state and to prove the Administrator General ’s authority and title in the specific estate to which the proceedings may relate, but not his or her general authority or appointment. Section 2(3) The Administrator General or a deputy or an assistant Administrator General or an agent shall be entitled to appear in court , either in person or by counsel, in any proceedings to which the Administrator General is a party. Section 2(4) The Minister may appoint any person in the public service or any chief of the rank of gombolola chief or of an equivalent or a higher rank to be the agent of the Administrat...

Section 20. Fees and expenses Section 20(1) There shall be payable to the Administrator General out of every estate administered by him or her or his or her agents fees at such rates as the Minister may by rule prescribe. Section 20(2) The Administrator General shall be entitled to reimburse himself or herself for any payments lawfully or reasonably made by him or her or his or her agents in respect of any estate in his or her or their charge. Section 20(3) Where the Administrator General considers it necessary, in the interests of an estate which he or she is administering, to employ outside clerical or other assistance, he or she may do so and the costs of the assistance shall be a charge upon the estate. Section 20(4) The fees, charges and reimbursements authorised by this section and section 21 shall be a first charge on the estate, after payment of funeral expenses, and may be deducted from any monies received by the Administrator General in the course of the administration. Section 20(5) All such fees shall be paid by the Administrator General into the Consolidated Fund.

Section 21. Power to incur expenditure Section on such acts as may be necessary for the proper care and management of any property belonging to any estate in his or her charge; and

Section 22. Actions againstAdministrator General Section 22(1) If any suit be brought by a creditor or any other claimant against the Administrator General , the creditor or claimant shall be liable to pay the costs of the suit unless he or she proves that not less than one month previous to the institution of the suit he or she had applied in writing to the Administrator General , stating the amount and other particulars of his or her claim, and had given such evidence in support of the claim as, in the circumstances of the case, the Administrator General was reasonably entitled to require. Section 22(2) If any such suit is decreed in favour of the creditor or claimant, he or she shall, nevertheless, unless he or she is a creditor within the provisions of section 280 or 282 of the Succession Act, be only entitled to payment out of the assets of the deceased equally and rateably with the other creditors.

Section 23. Right ofAdministrator Generalto costs Section When the court orders the cost of the proceedings, to which the Administrator General is a party, to be paid otherwise than out of the estate of a deceased person which is being administered by the Administrator General , the Administrator General shall be entitled to charge ordinary profit costs, whether he or she has appeared in person or not, based on any written law relating to the remuneration of advocates and taxation of costs for the time being in force, and those costs shall be credited to the Consolidated Fund.

Section 24. Property existing in neighbouring territories Section 24(1) Where a person dies leaving estate in Uganda consisting of personalty only and also estate in Kenya, Tanzania or Malawi, administration of which is committed to the Administrator General of any such territory, the Administrator General of Uganda may, if requested by the Administrator General of the other territory, and if satisfied that reciprocal legislation exists in that territory and that the interests of creditors in Uganda will not thereby be prejudiced, apply to the High Court for an order, which order the High Court is empowered to make, authorising him or her to collect the assets of the estate in Uganda and hand them over to the Administrator General of the other territory; and upon the making of the order the Administrator General shall have the same rights as regards the collection and realisation of the assets of the estate as if administration had been committed to him or her and shall not be liable for the assets to any creditor or claimant, but shall be discharged from all liability upon handing over the assets or the proceeds of the realisation of the assets to the Administrator General of the...

Section 25. Payments to executor, etc. in country of domicile Section Where the Administrator General has been granted letters of administration of the estate in Uganda, not being personal estate only as referred to in section 24 , of any person who was at the time of his or her death not domiciled or who appears to the Administrator General to have then been not domiciled in Uganda and probate of that deceased person’s will or letters of administration of his or her estate has or have been granted in the place of the deceased person’s domicile, the Administrator General may pay over to the person holding the grant the balance of the estate after payment of proved debts and funeral and administration expenses without seeing to the application of that balance and without incurring any liability in regard to the payment; and where the deceased person was domiciled in a foreign State, the transfer may be made to a consular officer of that State whose receipt shall be a full and complete discharge to the Administrator General in respect of the same.

Section 26. Assets received from outside Uganda Section Where the Administrator General receives assets belonging to an estate which he or she is administering but which, at the time of the death of the deceased, were situate outside Uganda, the assets shall, subject to any written law relating to estate duty, be treated in the same manner as assets within Uganda at the time of death.

Section 27. Court may appoint persons to receive minor’s share Section Where any person entitled to a share under the will or in the distribution of the estate of a deceased person whose estate is being administered by the Administrator General is a minor, the High Court may, upon the application of the Administrator General , appoint the father or mother of the minor or some other suitable person or the public trustee to receive the share of the minor on his or her behalf, and upon the appointment being made the Administrator General may pay the share of the minor to such person on behalf of the minor, and the receipt of that person shall be a full and complete discharge to the Administrator General in respect of the share; but where the share of the minor does not exceed ten thousand shillings in value, the Administrator General may, at his or her discretion, pay or transfer it to the father or mother of the minor or some other suitable person or the public trustee on behalf of the minor, and the receipt of that father or mother or other person shall be a full and complete discharge to the Administrator General in respect of the share.

Section 28. Court may order partition ofimmovable property Section 28(1) Any person beneficially interested in any immovable property vested in the Administrator General may apply by petition to the court for a partition of the property; and the court , if satisfied that the partition would be beneficial to all persons interested, may appoint one or more arbitrators to effect the same. Section 28(2) The report and final award of those arbitrators, setting forth the particulars of the immovable property allotted to each of the parties interested, shall subject to any law or laws for the time being in force, when signed by them and confirmed by order of the court , be effectual to vest in each allottee the immovable property so allotted; and, if the allotment be made subject to the charge of any money payable to any other party interested for equalising the partition, the charge shall take effect according to the terms and conditions in regard to time and mode of payment and otherwise which shall be expressed in the award.

Section 29. No security or oath required fromAdministrator General Section 29(1) The Administrator General shall not be required to verify, otherwise than by signature, any petition presented by him or her under this Act, and if the facts stated in any such petition are not within the Administrator General ’s own personal knowledge the petition may be subscribed and verified by any person competent to make the verification; but the facts stated in the report of any agent of the Administrator General or of any person whose duty it is by law or otherwise to make the report to the Administrator General shall, for the purposes of this section, be deemed to be within the personal knowledge of the Administrator General . Section 29(2) The Administrator General shall not be required by any court to enter into any administration bond, or to give other security to the court on the grant of any letters of administration to him or her as such.

Section 3. Limitation on liability ofAdministrator Generaland agents for acts done in performance of duties Section 3(1) Neither the Administrator General nor any of his or her agents shall be personally liable to any person in respect of goods or chattels in the possession at the time of his or her death of any person whose estate is administered by the Administrator General or any of his or her agents which are sold by the Administrator General or the agents unless the Administrator General or agent knows or has actual notice before the sale that the goods or chattels were not in fact the property of the person whose estate he or she is administering, and generally neither the Administrator General nor any agent shall be liable for any act he or she does bona fide in the supposed and the intended performance of his or her duties unless it is shown that the act was done not only illegally but wilfully or with gross negligence. Section 3(2) In case of any sale by the Administrator General or any agent of goods or chattels belonging in fact to any third person, the amount realised by the sale shall be paid over to the owner upon proof by the owner of such ownership unless the same h...

Section 30. Power to apply tocourtfor directions Section 30(1) In all cases where a grant of letters of administration has been made in favour of the Administrator General , the court may on application made to it give to the Administrator General any general or special directions as to any estate in his or her charge, or in regard to the administration of such estate and may decide all disputes, matters, claims and demands in respect of the estate. Section 30(2) Applications under subsection (1) may be made by the Administrator General or any person interested in the assets or in the due administration of the assets . Section 30(3) The Administrator General or his or her agent shall have full power to decide finally and without appeal all disputes and questions which may arise in the course of the administration by him or her under section 4 of an estate in which the gross value of the assets does not exceed ten thousand shillings, including claims by creditors, but may, if he or she thinks fit, allow an appeal to the High Court or may himself or herself apply to the High Court for directions. Section 30(4) In settling such disputes or questions, the Administrator General may, if...

Section 31. Power to administer oath Section The Administrator General may, whenever he or she desires for the purpose of this Act to satisfy himself or herself regarding any question of fact, examine upon oath, which he or she is authorised to administer, any person who is willing to be so examined by him or her regarding such question.

Section 32. False evidence Section Any person who, during any examination authorised by this Act, makes upon oath a statement which is false, and which he or she either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a judicial proceeding and is liable on conviction to the penalties provided for perjury.

Section 33. Accounts to be filed incourt Section 33(1) On the completion of the administration of an estate entrusted to him or her by the court , the Administrator General shall file in court his or her accounts relating to the estate, together with an affidavit in verification; and after fourteen clear days’ notice has been given by the Administrator General to all persons interested who are resident in Uganda, by inserting a notice in the Gazette and by posting notices at the court and in a conspicuous place at the offices of the Administrator General , setting forth a day and hour to be appointed by the taxing officer for the passing of the accounts, the accounts may be examined and taxed by the taxing officer in the presence of any person who may attend upon such notice, and objection may be taken to the account or to any item or parts thereof, and the taxation thereof may be brought under review by the court in the same manner, as near as may be, as in the case of any proceeding in the court . Section 33(2) A certificate under the hand of the taxing officer or of a judge of the court to the effect that the accounts have been examined and found correct shall be a valid and eff...

Section 34. Power to file interim account Section The Administrator General may, on giving notice as is provided in section 33 , pass interim accounts prior to the completion of the administration.

Section 35. Liability of Government Section The revenues of the Government shall be liable to make good all sums required to discharge any liability which the Administrator General , if he or she were a private administrator, would be personally liable to discharge except when the liability is one which neither the Administrator General nor any of his or her agents could, by the exercise of reasonable diligence, have averted; and in either of those cases the Administrator General shall not, nor shall the revenues of the Government, be subject to any liability.

Section 36. Succession Act not to supersede rights ofAdministrator General Section Nothing contained in the Succession Act shall be taken to supersede the rights, duties and privileges of the Administrator General under this Act.

Section 37. Disposal of insignificant balances Section After completion of the administration of an estate by the Administrator General or his or her agents, if the net balance for distribution among heirs abroad is less than five hundred shillings the Administrator General may distribute the balance among such persons as appear to be entitled to it and remit the amount so due by bank draft, registered money order or postal order.

Section 38. Power to make rules Section 38(1) The Minister may make rules for better carrying out the purposes and provisions of this Act and may, from time to time as he or she shall think fit, revoke, amend or vary the same. Section 38(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— Section 38(2)(a) the accounts to be kept by the Administrator General ; Section 38(2)(b) forms, scale of fees and charges, agents’ remuneration and any matter in this Act directed to be prescribed.

Section 39. Application of Act Section 39(1) This Act shall apply to estates administration of which has not been committed to the Administrator General prior to the commencement of this Act, and, so far as practicable, to estates administration of which has been committed to the Administrator General prior to the commencement of this Act. Section 39(2) Nothing in this Act shall in any way affect the provisions as to distribution or intestacy contained in regulations made under the Uganda Peoples’ Defence Forces Act.

Section 4. Death to be reported toAdministrator General, who may apply for grant ofletters of administration Section 4(1) When a person dies in Uganda, the agent of the area in which the death occurs shall, upon receiving notice of the death or upon the death coming to his or her knowledge, forthwith institute inquiries to ascertain whether the deceased left any, and if so what, property in Uganda and shall report the death with full particulars as to property, as far as ascertainable, to the Administrator General . Section 4(2) When a person dies elsewhere than in Uganda leaving property within Uganda, the agent of the area in which the property is situate shall, upon receiving notice of the death or upon the death coming to his or her knowledge, forthwith report the death with full particulars of the property to the Administrator General . Section 4(3) Upon receiving such report or upon such death coming to his or her knowledge, if it appears to the Administrator General — Section 4(3)(a) that the deceased has left a will appointing the Administrator General as sole executor; Section 4(3)(b) that the deceased having made a will devising or bequeathing his or her estate or any par...

Section 40. Transfer of balance of enemy estates to custodian of enemy property Section Notwithstanding anything in this Act, the Administrator General may, on completion of the administration of an estate of a deceased enemy or enemy subject, transfer the net balance and any property remaining in the estate to the custodian of enemy property of Uganda, whose receipt therefor shall be a valid and effectual discharge in favour of the Administrator General as against all persons.

Section 5. Notice of application forletters of administrationto be given toAdministrator General Section 5(1) No grant shall be made to any person, except an executor appointed by the will of the deceased or the widower or widow of the deceased, or his or her attorney duly authorised in writing, authorising that person to administer the estate of a deceased person, until the applicant has produced to the court proof that the Administrator General or his or her agent has declined to administer the estate or proof of having given to the Administrator General fourteen clear days’ definite notice in writing of his or her intention to apply for the grant. Section 5(2) The provisions of subsection (1) with respect to notice to the Administrator General shall also apply in the case of any person petitioning the court , verbally or otherwise, for the appointment of the Administrator General . Section 5(3) On receipt of any such notice the Administrator General may call upon the applicant for such particulars as he or she may reasonably require in order to determine whether to oppose or consent to the grant being made.

Section 6. Notice of application forletters of administrationto be given byAdministrator General Section 6(1) The Administrator General shall cause notice of his or her intention to apply for letters of administration to be published in the Gazette at least fourteen days before making the application, and the cost of the publication shall in every case be deemed to be a testamentary expense and be payable out of the estate of the deceased whether the estate be administered by the Administrator General or any other person. Section 6(2) Upon the application the High Court may grant letters of administration to the Administrator General accordingly. Section 6(3) Notwithstanding subsection (1), in any case where the High Court is satisfied that the estate or any portion of it might otherwise be pilfered, lost, destroyed or damaged or that great expense would be incurred by delay in the matter, the notice of intention to apply may be dispensed with.

Section 7. Grant toAdministrator Generalmay be revoked and grant made to other person Section 7(1) At any time after grant of letters of administration to the Administrator General under this Act or the making of an order under section 24 , any person to whom the High Court might have committed administration if no such grant or order had been made may apply to the High Court for revocation of the grant or order and for grant to himself or herself of probate or letters of administration; but no application shall be made until seven days after notice in writing of intention to make it shall have been given to the Administrator General. Section 7(2) Upon the application the High Court, after hearing the Administrator General if he or she appears, may revoke the grant to the Administrator General or the order made and grant probate or letters of administration to the applicant subject to such limitations and conditions as it may think fit; except that letters of administration granted to the Administrator General shall not be revoked as aforesaid unless the application be made within six months after the grant to the Administrator General and the court is satisfied that there has been...

Section 8.Administrator Generalnot precluded from applying for grant within one month of death of deceased Section Nothing in this Act shall be deemed to preclude the Administrator General from applying to the court for letters of administration in any case within a period of one month from the death of the deceased.

Section 9. Court may grant certificate where value of estate does not exceed shs. 2,000 Section 9(1) Where it appears to the court that the gross value of the assets or property of a deceased person does not exceed two thousand shillings, the court , on the application of any person to whom probate or letters of administration , as the case may be, might be granted, may, at any time after the expiration of fourteen days after the death of the deceased, with the assent in writing of the Administrator General , without granting probate or letters of administration , grant to that person a certificate entitling him or her to administer the estate of the deceased person and to pay out of it any debts or charges and to pay, remit or deliver any surplus to the person or persons entitled to it according to law or as may be directed by the court . Section 9(2) Sections 5 and 7 shall apply to all applications made to the court under this section.