Succession Act

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.

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...

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 .

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.

Section Acquisition of new domicile by minor Section Except as provided in section 13 , a person cannot during minority acquire a new domicile.

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.

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.

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.

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 .

Section Continuance of domicile of origin Section The domicile of origin prevails until a new domicile has been acquired.

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.

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.

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.

Section Continuance of new domicile Section A new domicile continues until the former domicile has been resumed or another has been acquired.

Section Kindred or consanguinity Section Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.

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.

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.

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.

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.

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.

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.

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”.

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 testat...

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 resi...

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 per...

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.

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 .

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 chi...

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.

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.

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.

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 ,...

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 des...

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.

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.

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.

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 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.

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.

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.

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 .

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.

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 .

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 r...

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 .

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 .

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 .

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.

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 tes...

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.