Lawpoint Uganda

Under Section 30 of the Succession Act, which has now been revised as Section 26 of the Succession Act Cap 268 as amended, a spouse who is no longer a member of the deceased’s household is disqualified from inheriting intestate. The Court endorsed the interpretation in Elizabeth Nalumansi v. Jolly Kasande, S.C.C.A No. 10 of 2015, which treats separation as a factual, not merely legal issue. Named beneficiaries in a will are protected, regardless of biological or legal rela

A valid gift requires intention, delivery, and acceptance. The law in Uganda does not require such a gift to be in writing, although written documentation provides evidentiary certainty

Estate administrators are fiduciaries, not proprietors. Any transfer of estate property in contravention of the will or without consideration of beneficiary interests is invalid. Courts will not shield a purchaser who fails to inquire in the face of suspicious or disputed circumstances.

When a will contains specific directives on decision-making processes, those directives override the default requirement for joint executor

Where an Administrator receives a larger share due to external factors, redistribution may be warranted to ensure fairness among beneficiar

Upon revocation of probate or letters of administration, High Court has the authority to appoint a new administrator deemed fit and proper

An increasing number of adults choose to cohabit without intending to marry. Courts must respect these choices and refrain from imposing

The default principle for distributing matrimonial assets is equal sharing, unless there are valid reasons to depart from this standard, suc

A person absenting himself or herself temporarily from his or her place of ordinary residence cannot by reason thereof cease to be ordinaril

The general position of the law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise

The litigants in this matter have so far filed several petitions and applications which in effect arise out of the same subject matter, ye

First it is presumed that a decently buried body should remain undisturbed where it was placed unless good reason is given to exhume it

A person is deemed to be of unsound mind for purposes of these proceedings if he or she is afflicted by a total or partial defect of reason

Where the wishes of the deceased can be ascertainable they should be given effect as long as they are not illegal, unreasonable or repugnant