Frequently Asked Questions
Answers to common questions about workers' rights, marriage, divorce, bail, child labour, and more
Succession
(13 questions)
Succession is the process by which the property of a deceased person is passed on to other people. It is governed by the Succession Act of Uganda, customary law, and religious laws depending on the type of marriage and wishes of the deceased.
A will is a written document in which a person states how their property should be distributed after their death. Under Ugandan law, a person must be at least 21 years old and of sound mind to make a valid will. The will must be signed by the testator and witnessed by at least two people.
When a person dies without a will (intestate), their property is distributed according to the Succession Act. The surviving spouse receives 15% of the estate, dependent relatives receive a reasonable provision, the lineal descendants (children) receive 75%, and the customary heir receives 1% of the estate. If there are no dependants or descendants, the estate goes to the nearest kin.
Under Ugandan law, the following persons can inherit: a surviving spouse (husband or wife from a legally recognized marriage); children of the deceased, whether born in or out of wedlock; dependant relatives who were dependent on the deceased at the time of death; and the customary heir appointed according to the customs of the deceased's community.
An administrator is appointed by the court to manage the estate of a deceased person who died without a will. Their duties include collecting and protecting the deceased's property, paying off any debts, and distributing the remaining property to the rightful beneficiaries according to the law. They must act in the best interests of all beneficiaries.
Yes. Under Ugandan law, a surviving wife is entitled to 15% of the deceased husband's estate if he dies without a will. If a will exists, the wife receives what the will provides. A woman's right to remain in the matrimonial home is protected and she cannot be evicted from the home she shared with her late husband.
Yes. Children have a right to inherit from their parents regardless of whether they were born in or out of wedlock, or whether they are male or female. Under the Succession Act, lineal descendants (children) are entitled to 75% of the estate when there is no will. The law treats all children equally in matters of inheritance.
A customary heir is a person appointed according to the customs of the deceased's community to inherit certain properties and responsibilities. They receive 1% of the estate under the Succession Act and are expected to take on specific cultural duties related to the deceased's family and clan.
Under Islamic law, the distribution follows specific shares prescribed in the Quran. Males generally receive twice the share of females in the same category. The surviving spouse, children, parents, and other relatives each receive defined portions. Islamic succession rules apply to Muslims who were married under Islamic law.
Letters of administration is a court document that gives a person the legal authority to manage and distribute the estate of a deceased person. It is required when the deceased died without a will. The application is made to the chief magistrate's court or the high court depending on the value of the estate.
The application is filed in court with supporting documents including: the death certificate of the deceased, a family meeting resolution naming the preferred administrator, identification documents, and details of the deceased's property. The court publishes a notice and, if no objections are raised within 14 days, grants the letters.
Yes. Any person who believes they have been unfairly excluded from an estate or that the administrator is mismanaging the property can file a complaint in court. Common grounds for challenge include: fraud in obtaining letters of administration, improper distribution of the estate, and exclusion of rightful beneficiaries.
Ugandan law provides several protections: a surviving spouse cannot be evicted from the matrimonial home; the surviving spouse is entitled to at least 15% of the estate; children are entitled to 75% of the estate; and the law prohibits any person from grabbing property belonging to the estate. Property grabbing from widows and orphans is a criminal offence.
