- Commenced on 15 February 1906
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Preliminary
1. Act to constitute the law of Uganda in cases of successionExcept 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.
2. InterpretationIn this Act, unless the context otherwise requires—
3. Interests and powers not acquired nor lost by marriageNo person shall, by marriage, acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.
Part II – Domicile
4. Succession to a deceased person’s immovable and movable property
5. Domicile in respect of succession to movablesA person can have one domicile only for the purpose of succession to his or her movable property.
6. Domicile of origin of a person of legitimate birthThe domicile of origin of every person of legitimate birth is in the country in which, at the time of his or her birth, his or her father is domiciled, or, if he or she is a posthumous child, in the country in which his or her father was domiciled at the time of the father’s death.
7. Domicile of origin of an illegitimate childThe domicile of origin of an illegitimate child is in the country in which, at the time of his or her birth, his or her mother was domiciled.
8. Continuance of domicile of originThe domicile of origin prevails until a new domicile has been acquired.
9. Acquisition of a new domicileA man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin; except that a man is not to be considered as having taken up his fixed habitation in Uganda merely by reason of his residing there in the exercise of any profession or calling.
10. Special mode of acquiring domicile in UgandaAny person may acquire a domicile in Uganda by making and depositing in some office in Uganda to be appointed by the Minister 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.
11. Domicile not acquired by residence as representative of a foreign Government, etc.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.
12. Continuance of a new domicileA new domicile continues until the former domicile has been resumed or another has been acquired.
13. Minor’s domicile
14. Domicile of a married womanBy marriage a woman acquires the domicile of her husband, if she had not the same domicile before.
15. Wife’s domicile during marriage
16. Minor’s acquisition of a new domicileExcept as provided in section 13, a person cannot during minority acquire a new domicile.
17. Lunatic’s acquisition of a new domicileAn insane person cannot acquire a new domicile in any other way than by his or her domicile following the domicile of another person.
18. Succession to movable property in UgandaIf a man dies leaving movable property in Uganda, in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of Uganda.
Part III – Consanguinity
19. Kindred or consanguinityKindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.
20. Lineal consanguinity
21. Collateral consanguinity
22. Persons held for the purpose of succession to be similarly related to the deceasedFor the purposes of succession, there is no distinction between those who are—
23. Mode of computing degrees of kindred
Part IV – Intestacy
24. Property of a deceased dying intestateA person dies intestate in respect of all property which has not been disposed of by a valid testamentary disposition.
25. Devolution of property of a deceased dying intestateAll 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.
Part V – Distribution of an intestate’s property
26. Devolution of residential holdings
27. Distribution on the death of a male intestate
28. Distribution between members of the same class
29. Reservation of a principal residential holding from distribution
30. Separation of husband and wife
31. Notice to be given by a customary heir
32. Interest of the State on default
33. Children’s advancementWhere 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 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.
Part VI – Effect of marriage and marriage settlements on property
34. Effect of marriage between persons only one of whom is domiciled in UgandaIf a person whose domicile is not in Uganda marries in Uganda a person whose domicile is in Uganda, neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire by the marriage if both were domiciled in Uganda at the time of the marriage.
35. Settlement of minor’s property in contemplation of marriageThe property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor’s father, or if he is dead or absent from Uganda, with the approbation of the High Court.
Part VII – Wills and codicils
36. Persons capable of making wills
37. Provision for the maintenance of dependents to be made in every willNotwithstanding section 36, where a person, by his or her will, disposes of all his or her property without making reasonable provision for the maintenance of his or her dependent relatives, section 38 shall apply.
38. Power of the court to order payment out of the estate of the deceased for maintenance of dependents
39. Time within which application must be made
40. Effect and form of an order for maintenance
41. Variation of orders
42. Interim orders
43. Testamentary guardianA father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority.
44. Statutory guardians
45. Power of the court to remove a guardianAny court, other than a court presided over by a magistrate grade III, may, if it is satisfied that it is for the welfare of the infant—
46. Powers of guardians
47. Will obtained by fraud, coercion or importunityA will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.
48. Will may be revoked or alteredA 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.
49. Form of willA testator may, at his or her discretion, adopt for use the form of the will set out in the Fourth Schedule to this Act.
Part VIII – Execution of unprivileged wills
50. Execution of unprivileged willsExcept as provided by this Act or other law for the time being in force, every testator not being a member of the armed 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—
51. Incorporation of papers by referenceIf a testator, 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.
Part IX – Privileged wills
52. Privileged willsAny member of the armed 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”).
53. Mode of making privileged wills
Part X – Attestation, revocation, alteration and revival of wills
54. Effect of gift to attesting witnesses
55. Witness not disqualified by interest or by being executorNo person, by reason of interest in, or of his or her being an executor of, a will, is disqualified as a witness to prove the execution of the will or to prove the validity or invalidity of the will.
56. Revocation of will by testator’s marriage
57. Revocation of unprivileged will or codicilNo unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil or by some writing declaring an intention to revoke the unprivileged will or codicil, and executed in the manner in which an unprivileged will is in this Act required to be executed, or by the burning, tearing or otherwise destroying of the will or codicil by the testator, or by some person in his or her presence and by his or her direction, with the intention of revoking it.
58. Effect of alteration in unprivileged willNo obliteration, interlineation or other alteration made in any unprivileged will after the execution of the will shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless the alteration is executed in like manner as is in this Act required for the execution of the will; except that the will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses are made in the margin or on some other part of the will opposite or near to the alteration or at the foot or end of, or opposite to, a memorandum referring to the alteration, and written at the end or some other part of the will.
59. Revocation of privileged will or codicil
60. Revival of unprivileged will
Part XI – Construction of wills
61. Wording of willIt is not necessary that any technical words or terms of art shall be used in a will, but only that the wording shall be such that the intentions of the testator can be known from the wording.
62. Inquiries to determine questions as to object or subject of willFor the purpose of determining questions as to what person or what property is denoted by any words used in a will, a court shall inquire into every material fact relating to the persons who claim to be interested under the will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his or her family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used.
63. Misnomer or misdescription of object
64. When words may be suppliedWhere any word material to the full expression of the meaning has been omitted, it may be supplied by the context.
65. Rejection of erroneous particulars in description of subjectIf the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous and the bequest shall take effect.
66. When part of description may not be rejected as erroneous
67. Extrinsic evidence admissible in case of latent ambiguityWhere the words of the will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended.
68. Extrinsic evidence inadmissible in case of patent ambiguity or deficiencyWhere there is an ambiguity or deficiency on the face of the will, no extrinsic evidence as to the intentions of the testator shall be admitted.
69. Meaning of clause to be collected from entire willThe meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other, and for this purpose a codicil is to be considered as part of the will.
70. When words may be understood in restricted sense, and when in sense wider than usualGeneral words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in the wider sense.
71. Which of two possible constructions preferredWhere a clause is susceptible of two meanings, according to one of which it has some effect, and according to the other it can have none, the former is to be preferred.
72. No part rejected if reasonable construction possibleNo part of a will is to be rejected as destitute of meaning if it is possible to put a reasonable construction upon it.
73. Interpretation of words repeated in different parts of willIf the same words occur in different parts of the same will, they must be taken to have been used everywhere in the same sense, unless there appears an intention to the contrary.
74. Testator’s intention to be effected as far as possibleThe intention of the testator is not to be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible.
75. Last of two inconsistent clauses prevailsWhere two clauses or gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail.
76. Will or bequest void for uncertaintyA will or bequest not expressive of any definite intention is void for uncertainty.
77. Words describing subject refer to property answering description at testator’s deathThe description contained in a will of property the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.
78. Power of appointment executed by general bequestUnless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power; and a bequest of property described in a general manner shall be construed to include any property to which the description may extend, which he or she may have power to appoint by will to any object he or she may think proper, and shall operate as an execution of that power.
79. Implied gift to objects of power in default of appointmentWhere property is bequeathed to or for the benefit of such of certain objects as a specified person shall appoint, or for the benefit of certain objects in such proportions as a specified person shall appoint, and the will does not provide for the event of no appointment being made, if the power given by the will is not exercised the property belongs to all the objects of the power in equal shares.
80. Bequest to “heirs”, etc. of particular person without qualifying termsWhere a bequest is made to the “heirs” or “right heirs” or “relations” or “nearest relations” or “family” or “kindred” or “nearest of kin” or “next of kin” of a particular person, without any qualifying terms and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it, leaving assets for the payment of his or her debts independently of that property.
81. Bequest to “representatives”, etc. of particular personWhere a bequest is made to the “representatives” or “legal representatives” or “personal representatives” or “executors or administrators” of a particular person and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he or she had died intestate in respect of it.
82. Bequest without words of limitationWhere property is bequeathed to any person, he or she is entitled to the whole interest of the testator in the property, unless it appears from the will that only a restricted interest was intended for him or her.
83. Bequest in alternativeWhere property is bequeathed to a person, with a bequest in the alternative to another person or to a class of persons, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy, if he or she is alive at the time when it takes effect; but, if he or she is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy.
84. Effect of words describing a class added to bequest to a personWhere property is bequeathed to a person, and words are added which describe a class of persons, but do not denote them as direct objects of a distinct and independent gift, such a person is entitled to the whole interest of the testator in the property, unless a contrary intention appears by the will.
85. Bequest to class of persons under general description onlyWhere a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy.
86. Construction of terms
87. Implied inclusion of illegitimate and adopted childrenIn the absence of any intimation to the contrary in the will, “child”, “son” or “daughter” or any word which expresses those relationships is to be understood as including an illegitimate child and an adopted child.
88. Construction where will purports to make two bequests to same person
89. Constitution of residuary legateeA residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his or her property.
90. Property to which residuary legatee entitledUnder a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his or her death of which he or she has not made any other testamentary disposition which is capable of taking effect.
91. Time of vesting of legacy in general termsIf a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and if he or she dies without having received it, it shall pass to his or her representatives.
92. In what case legacy lapses
93. One of two joint legatees dying before testatorIf a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.
94. Words showing testator’s intention to give distinct sharesWhere a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him or her shall fall into the residue of the testator’s property.
95. Lapsed shareWhere the share that lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of.
96. When bequest to testator’s child or lineal descendant does not lapse on his or her death in testator’s lifetimeWhere a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his or hers survives the testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will.
97. Bequest to legatee for benefit of another does not lapse by legatee’s deathWhere a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, of the person to whom the bequest is made.
98. Survivorship in case of bequest to described classWhere a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such of them as are alive at the testator’s death; except that if property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator.
Part XII – Void bequests
99. Bequest to person who is not in existence at testator’s deathWhere a bequest is made to a person by a particular description, and there is no person in existence at the testator’s death who answers the description, the bequest is void; except that if property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his or her possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, and if a person answering to the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he or she is dead, to his or her representatives.
100. Bequest to a person not in existence at testator’s death, subject to prior bequestWhere a bequest is made to a person not in existence at the time of the testator’s death subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed.
101. Rule against perpetuityNo bequest is valid by which the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testator’s decease, and the minority of some person who is in existence at the expiration of that period, and to whom, if he or she attains full age, the thing bequeathed is to belong.
102. Bequest to a class, some of whom may come under section 100 or 101If a bequest is made to a class of persons, with regard to some of whom it is inoperative by reason of section 100 and 101 or either of them, the bequest shall be wholly void.
103. Bequest to take effect on failure of bequest void under section 100, 101 or 102Where a bequest is void by reason of any of the provisions of section 100, 101 or 102, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.
104. Effect of direction for accumulationA direction to accumulate the income arising from any property shall be void, and the property shall be disposed of as if no accumulation had been directed; except that where the property is immovable, or where accumulation is directed to be made from the death of the testator, the direction shall be valid in respect only of the income arising from the property within one year next following the testator’s death, and at the end of the year the property and income shall be disposed of respectively as if the period during which the accumulation has been directed to be made had elapsed.
105. Bequest to religious or charitable causesNo person having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses except by a will executed not less than twelve months before his or her death and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons.
Part XIII – Vesting of legacies
106. Vesting of legacy when payment or possession postponed
107. Vesting when legacy contingent upon specified uncertain event
108. Vesting of bequest to members of a class attaining particular ageWhere a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy.
Part XIV – Onerous bequests
109. Onerous bequestWhere a bequest imposes an obligation on the legatee, he or she can take nothing by it unless he or she accepts it fully.
110. One of two separate and independent bequests to same person may be acceptedWhere a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them, and refuse the other, although the former may be beneficial and the latter onerous.
Part XV – Contingent bequests
111. Bequest contingent upon specified uncertain eventWhere a legacy is given if a specified uncertain event shall happen, and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect unless the event happens before the period when the fund bequeathed is payable or distributable.
112. Bequest to persons surviving at some period not specifiedWhere a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as shall be alive at the time of payment or distribution, unless a contrary intention appears by the will.
Part XVI – Conditional bequests
113. Bequest upon impossible conditionA bequest upon an impossible condition is void.
114. Bequest upon illegal, etc. conditionA bequest upon a condition the fulfillment of which would be contrary to law or to morality is void.
115. Fulfillment of condition precedent to vesting of legacyWhere a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with.
116. Bequest to one person and, on failure of prior bequest, to anotherWhere there is a bequest to one person, and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator.
117. When second bequest not to take effect on failure of firstWhere a will shows an intention that a second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect unless the prior bequest fails in that particular manner.
118. Bequest over, conditional upon happening of specified uncertain event
119. Condition must be strictly fulfilledAn ulterior bequest of the kind contemplated by section 118 cannot take effect unless the condition is strictly fulfilled.
120. Original bequest not affected by invalidity of secondIf the ulterior bequest is not valid, the original bequest is not affected by it.
121. Bequest conditioned that it shall cease to have effect in certain casesA bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen or in case a specified uncertain event shall not happen.
122. Condition must not be invalid under section 107In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates is one which could legally constitute the condition of a bequest as contemplated by section 107.
123. Result of legatee rendering impossible or indefinitely postponing act for which no time specifiedWhere a bequest is made with a condition superadded that, unless the legatee shall perform a certain act, the subject matter of the bequest shall go to another person, or the bequest shall cease to have effect, but no time is specified for the performance of the act, if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing the act.
124. Performance of condition, precedent or subsequentWhere a will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the nonfulfillment of which the subject matter of the bequest is to go over to another person, or the bequest is to cease to have effect, the act must be performed within the time specified unless the performance of it is prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by the fraud.
Part XVII – Bequests with directions as to application or enjoyment
125. Direction that fund be employed in particular mannerWhere a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction.
126. Direction that mode of enjoyment of absolute bequest is to be restrictedWhere a testator absolutely bequeaths a fund, so as to sever it from his or her own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee, if that benefit cannot be obtained for the legatee, the fund belongs to the legatee as if the will had contained no such direction.
127. Bequest of fund for certain purposes, some of which cannot be fulfilledWhere a testator does not absolutely bequeath a fund so as to sever it from his or her own estate but gives it for certain purposes and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator.
Part XVIII – Bequests to an executor
128. Legacy to executorIf a legacy is bequeathed to a person who is named an executor of the will, he or she shall not take the legacy unless he or she proves the will, or otherwise manifests an intention to act as executor.
Part XIX – Specific legacies
129. Specific legacy definedWhere a testator bequeaths to any person a specified part of his or her property which is distinguished from all other parts of his or her property, the legacy is said to be specific.
130. Bequest of sum certain where stocks, etc. in which invested are describedWhere a sum certain is bequeathed, the legacy is not specific merely because the stocks, funds or securities in which it is invested are described in the will.
131. Bequest of stock where testator had equal or greater amount of stock of same kindWhere a bequest is made, in general terms, of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his or her will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed.
132. Bequest of money where payment postponed in certain wayA money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator shall have been reduced to a certain form, or remitted to a certain place.
133. When enumerated articles not deemed specifically bequeathedWhere a will contains a bequest of the residue of the testator’s property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed.
134. Retention of specific bequest to several persons in successionWhere property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing.
135. Sale and investment of proceeds of property bequeathed to two or more persons in successionWhere property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may, by any general rule to be made from time to time, authorise or direct; and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will.
136. Nonabatement of specific legaciesIf there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies.
Part XX – Demonstrative legacies
137. Demonstrative legacies
138. Order of payment when legacy directed to be paid out of a fund specifically bequeathedWhere a portion of a fund is specifically bequeathed, and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund, and so far as the residue shall be deficient, out of the general assets of the testator.
Part XXI – Ademption of legacies
139. Ademption definedIf anything which has been specifically bequeathed does not belong to the testator at the time of his or her death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect by reason of the subject matter having been withdrawn from the operation of the will.
140. Nonademption of demonstrative legacyA demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator or has been converted into property of a different kind; but it shall in such case be paid out of the general assets of the testator.
141. Ademption of specific bequest of right to receive something from third partyWhere the thing specifically bequeathed is the right to receive something of value from a third party and the testator himself or herself receives it, the bequest is adeemed.
142. Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathedThe receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received.
143. Ademption pro tanto by testator’s receipt of portion of entire fund or stock of which portion has been specifically bequeathedIf a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy.
144. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and remainder insufficient to pay both legaciesWhere a portion of the fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue, if any, of the fund shall be applied, so far as it will extend, in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator.
145. Ademption where stock specifically bequeathed does not existWhere stock which has been specifically bequeathed does not exist at the testator’s death, the legacy is adeemed.
146. Ademption pro tanto where stock, specifically bequeathed, exists in part onlyWhere stock which has been specifically bequeathed exists only in part at the testator’s death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist.
147. Nonademption of bequest of goods described as connected with certain placeA specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from that place from any temporary cause, or by fraud, or without knowledge or sanction of the testator.
148. When removal of thing bequeathed does not constitute ademptionThe removal of a thing bequeathed from the place in which it is stated in the will to be situate does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath.
149. When thing bequeathed is a valuable to be received by testator from third person and testator or his or her representative receives itWhere the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which shall be received from the third person by the testator himself or herself or by his or her representatives, the receipt of the sum of money or other commodity by the testator shall not constitute an ademption; but, if he or she mixes it with the general mass of his or her property, the legacy is adeemed.
150. Change by operation of law of subject of specific bequest between date of will and testator’s deathWhere a thing specifically bequeathed undergoes a change between the date of the will and the testator’s death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of that change.
151. Change without testator’s knowledgeWhere a thing specifically bequeathed undergoes a change between the date of the will and the testator’s death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed.
152. Stock specifically bequeathed lent to third partyWhere stock, which has been specifically bequeathed, is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed.
153. Stock specifically bequeathed sold but replacedWhere stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased, and belongs to the testator at his or her death, the legacy is not adeemed.
Part XXII – Payment of liabilities in respect of the subject of a bequest
154. Nonliability of executor to exonerate specific legatees
155. Completion of testator’s titleWhere anything is to be done to complete the testator’s title to the thing bequeathed, it is to be done at the cost of the testator’s estate.
156. Immovable property for which rent payable periodicallyWhere there is a bequest of any interest in immovable property, in respect of which payment in the nature of land revenue, or in the nature of rent, has to be made periodically, the estate of the testator shall, as between the estate and the legatee, make good such payments or a proportion of them up to the day of his or her death.
157. Stock in joint stock companyIn the absence of any direction in the will where there is a specific bequest of stock in a joint stock company, if any call or other payment is due from the testator at the time of his or her death in respect of the stock, the call or payment shall, as between the testator’s estate and the legatee, be borne by the estate; but, if any call or other payment shall, after the testator’s death, become due in respect of the stock, the call or payment shall, as between the testator’s estate and the legatee, be borne by the legatee if he or she accepts the bequest.
Part XXIII – Bequest of things described in general terms
158. Bequest of things in general termsIf there is a bequest of something described in general terms, the executor must purchase for the legatee what may reasonably be considered to answer the description.
Part XXIV – Bequests of the interest or produce of a fund
159. Bequest of interest or produce of a fundWhere the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal as well as the interest shall belong to the legatee.
Part XXV – Bequests of annuities
160. Annuity created by will payable for life onlyWhere an annuity is created by will, the legatee is entitled to receive it for his or her life only, unless a contrary intention appears by the will; and this provision shall not be varied by the circumstance that the annuity is directed to be paid out of the property generally or that a sum of money is bequeathed to be invested in the purchase of it.
161. Period of vesting where will directs that annuity be provided out of proceeds of property, etc.Where a will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of an annuity for any person, on the testator’s death the legacy vests in interest in the legatee, and he or she is entitled, at his or her option, to have an annuity purchased for him or her, or to receive the money appropriated for that purpose by the will.
162. Abatement of annuityWhere an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will.
163. Gift of annuity and residuary giftWhere there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator’s estate shall be applied for that purpose.
Part XXVI – Legacies to creditors and portioners
164. Legacy to creditorWhere a debtor bequeaths a legacy to his or her creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt.
165. Child prima facie entitled to legacy as well as portionWhere a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his or her will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy as well as the portion.
166. No ademption by subsequent provision for legateeNo bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee.
Part XXVII – Election
167. Circumstances in which election takes placeWhere a person, by his or her will, professes to dispose of something of which he or she has no right to dispose, the person to whom the thing belongs shall elect either to confirm the disposition or to dissent from it, and, in the latter case, he or she shall relinquish any benefits which may have been provided for him or her by the will.
168. Devolution of interest relinquished by ownerAn interest relinquished under section 167 shall devolve as if it had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the legatee the amount or value of the gift attempted to be given to him or her by the will.
169. Testator’s belief as to his or her ownership immaterialSections 167 and 168 shall apply whether the testator does or does not believe that which he or she professes to dispose of by his or her will to be his or her own.
170. Bequest for person’s benefitA bequest for the benefit of a person is, for the purpose of election, the same thing as a bequest made to him or her.
171. Benefit derived indirectlyA person taking no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his or her election.
172. Person taking in individual capacity under will may, in other character, elect to take in oppositionA person who, in his or her individual capacity, takes a benefit under the will may, in another character, elect to take in opposition to the will.
173. Exception to preceding sectionsNotwithstanding sections 167 to 172, where a particular gift is expressed in a will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, if the legatee claims that thing, he or she must relinquish the particular gift, but he or she is not bound to relinquish any other benefit given to him or her by the will.
174. When acceptance of benefit given by will constitutes election to take under willAcceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he or she has knowledge of his or her right to elect, and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he or she waives inquiry into the circumstances.
175. Presumption arising from enjoyment by legatee for two yearsFor the purposes of section 174, knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him or her by the will without doing any act to express dissent.
176. Confirmation of bequest by act of legateeFor the purposes of section 174, knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject matter of the bequest in the same condition as if the act had not been done.
177. When legatee may be called upon to electIf a legatee does not, within one year after the death of the testator, signify to the testator’s representatives his or her intention to confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require him or her to make his or her election; and if he or she does not comply with the requisition within a reasonable time after he or she has received it, he or she shall be deemed to have elected to confirm the will.
178. Postponement of election in case of disabilityIn case of disability, an election shall be postponed until the disability ceases, or until the election is made by some competent authority.
Part XXVIII – Gifts in contemplation of death
179. Property transferable by gift made in contemplation of death
Part XXIX – Grant of probate and letters of administration
180. Character and property of executor or administratorThe executor or administrator, as the case may be, of a deceased person is his or her legal representative for all purposes, and all the property of the deceased person vests in him or her as such.
181. Administration with copy annexed of authenticated copy of will proved abroadWhen a will has been proved and deposited in a court of competent jurisdiction, situate beyond the limits of Uganda, whether in the Commonwealth or in a foreign country, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed.
182. Probate only to appointed executorProbate can be granted only to an executor appointed by the will.
183. Appointment of executorThe appointment of an executor may be express or by necessary implication.
184. Persons to whom probate cannot be grantedProbate shall not be granted to any person who is a minor or is of unsound mind.
185. Grant of probate to several executorsWhen several executors are appointed, probate may be granted to them all simultaneously, or at different times.
186. Probate of codicil discovered after grant of probateIf a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way revokes the appointment of executors made by the will; but if different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together.
187. Surviving executorWhen probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors.
188. Right as executor or legatee, when establishedNo right as executor or legatee shall be established in any court of justice, unless a court of competent jurisdiction within Uganda has granted probate of the will under which the right is claimed, or has granted letters of administration under section 181.
189. Effect of probateProbate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor, as such.
190. To whom administration may not be grantedLetters of administration shall not be granted to any person who is a minor or is of unsound mind.
191. Right to intestate’s property, when establishedExcept as hereafter provided, but subject to section 4 of the Administrator General’s Act, no right to any part of the property of a person who has died intestate shall be established in any court of justice, unless letters of administration have first been granted by a court of competent jurisdiction.
192. Effect of letters of administrationLetters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration has been granted at the moment after his or her death.
193. Acts not validated by administrationLetters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate’s estate.
194. Grant of administration where executor has not renounced
195. Form and effect of renunciationA renunciation may be made orally in the presence of a magistrate, commissioner for oaths or justice of the peace or by writing signed by the person renouncing, and, when made, shall preclude him or her from ever thereafter applying for probate of the will appointing him or her executor.
196. Procedure where executor renounces or fails to accept within time limitedIf an executor renounces, or fails to accept, the executorship within the time limited for the acceptance or refusal of the executorship, the will may be proved, and letters of administration with a copy of the will annexed may be granted to the person who would be entitled to administration in case of intestacy.
197. Grant of administration to universal or residuary legateeSubject to section 4 of the Administrator General’s Act, when the deceased has made a will—
198. Administration by representative of deceased residuary legateeWhen a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his or her representative has the same right to administration with the will annexed as the residuary legatee.
199. Grant of administration where no executor nor residuary legatee, nor representative of such legateeWhen there is no executor, and no residuary legatee or representative of a residuary legatee, or he or she declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he or she had died intestate, or any other legatee having a beneficial interest, or the Administrator General, may be admitted to prove the will, and letters of administration may be granted to him or her or them accordingly.
200. Citation before grant of administration to legatee other than universal or residuaryLetters of administration with the will annexed shall not be granted to any legatee other than a universal or a residuary legatee, until a citation has been issued and published in the manner hereafter provided, calling on the next of kin to accept or refuse letters of administration.
201. Order in which connections entitled to administerWhen the deceased has died intestate, those who are connected with the deceased either by marriage or by consanguinity are entitled to obtain letters of administration of his or her estate and effects in the order and according to the provisions hereafter contained.
202. Entitlement to administrationSubject to section 4 of the Administrator General’s Act, administration shall be granted to the person entitled to the greatest proportion of the estate under section 27.
203. Citation of persons entitled in priority to administerAdministration shall not be granted to any relative if there is some other relative or an appointed customary heir entitled to a greater proportion of the estate until a citation has been issued and published in the manner hereafter provided calling on that other relative or heir to accept or refuse letters of administration.
204. Entitlement between members of the same classIf there are two or more persons who are entitled to the same proportion of the estate, those persons are equally entitled to administration, and a grant may be made to any one or some of them without any citation of the others.
205. Title of kindred to administrationThose who stand in equal degree of kindred to the deceased are equally entitled to administration.
206. Grant of administration to creditorWhen there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, administration may be granted to a creditor.
207. Administration where property left in UgandaWhere the deceased has left property in Uganda, letters of administration shall be granted according to the foregoing provisions, although he or she may have been a domiciled inhabitant of a country in which the law relating to testate and intestate succession differs from the law of Uganda.
Part XXX – Limited grants
Grants limited in duration
208. Probate of copy of lost willWhen a will has been lost or mislaid since the testator’s death, or has been destroyed by wrong or accident, and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of the copy or draft, limited until the original or a properly authenticated copy of it is produced.
209. Probate of contents of lost or destroyed willWhen a will has been lost or destroyed, and no copy has been made, nor the draft preserved, probate may be granted of its contents, if they can be established by evidence.
210. Probate of copy where original existsWhen a will is in the possession of a person residing out of Uganda, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will, or an authenticated copy of it, is produced.
211. Administration until will producedWhere no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will, or an authenticated copy of it, is produced.
Grants for the use and benefit of others having right
212. Administration with will annexed to attorney of absent executorWhen any executor is absent from Uganda and there is no executor within Uganda willing to act, letters of administration with the will annexed may be granted to the attorney of the absent executor, for the use and benefit of his or her principal, limited until he or she shall obtain probate or letters of administration granted to himself or herself.
213. Administration with will annexed to attorney of absent personWhen any person to whom, if present, letters of administration with the will annexed might be granted, is absent from Uganda, letters of administration with the will annexed may be granted to his or her attorney limited as mentioned in section 212.
214. Administration to attorney of absent personWhen a person entitled to administration in case of intestacy is absent from Uganda, and no person equally entitled is willing to act, letters of administration may be granted to the attorney of the absent person, limited as mentioned in section 212.
215. Administration during minority of sole executor or residuary legateeWhen a minor is sole executor or sole residuary legatee, letters of administration with the will annexed may be granted to the legal guardian of the minor or to such other person as the court shall think fit, until the minor shall have completed the age of twenty-one years, at which period, and not before, probate of the will shall be granted to him or her.
216. Administration during minorityWhen there are two or more minor executors, and no executor who has attained majority, or two or more residuary legatees, and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have completed the age of twenty-one years.
217. Administration for use and benefit of lunatic jus habensIf a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rules for the distribution of intestates’ estates, is a lunatic, letters of administration with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his or her estate has been committed by competent authority, or, if there is no such person, to such other person as the court may think fit to appoint, for the use and benefit of the lunatic until he or she shall have become of sound mind.
218. Administration pendente liteThe court may, pending any suit touching the validity of the will of a deceased person, or for obtaining or revoking any probate or any grant of letters of administration, appoint an administrator of the estate of the deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing the estate, and every such administrator shall be subject to the immediate control of the court, and shall act under its direction.
Grants for special purposes
219. Probate limited to purpose specified in willIf an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and, if he or she should appoint an attorney to take administration on his or her behalf, the letters of administration with the will annexed shall accordingly be limited.
220. Administration with will annexed limited to particular purposeIf an executor appointed generally gives an authority to an attorney to prove a will on his or her behalf, and the authority is limited to a particular purpose, the letters of administration with the will annexed shall be limited accordingly.
221. Administration limited to property in which person has beneficial interestWhere a person dies, leaving property of which he or she was the sole or surviving trustee, or in which he or she had no beneficial interest on his or her account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to that property, may be granted to the person beneficially interested in the property, or to some other person on his or her behalf.
222. Administration limited to suitWhen it is necessary that the representative of a person deceased is made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in the suit, limited for the purpose of representing the deceased in that suit or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in that cause or suit, and until a final decree shall be made in it, and carried into complete execution.
223. Administration limited to purpose of becoming party to suit against administratorIf, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from Uganda, the court may grant, to any person whom it may think fit, letters of administration, limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made in the suit into effect.
224. Appointment of person other than one normally entitled to administrationWhen a person has died intestate, or leaving a will of which there is no executor willing and competent to act, or where the executor, at the time of the death of the person, is resident out of Uganda, and it appears to the court to be necessary or convenient to appoint some person to administer the estate or any part of it, other than the person who, under ordinary circumstances, would be entitled to a grant of administration, the judge may, in his or her discretion, having regard to consanguinity, the amount of interest, the safety of the estate, and the probability that it will be properly administered, appoint such person as he or she shall think fit to be administrator; and in every such case letters of administration may be limited or not as the judge shall think fit.
Grants with exception
225. Probate, etc. subject to exceptionWhenever the nature of the case requires that an exception be made, probate of a will, or letters of administration with the will annexed, shall be granted subject to that exception.
226. Administration with exceptionWhenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to that exception.
227. Exception for land subject to consents
Grants of the rest
228. Probate or administration of restWhenever a grant, with exception, of probate, or letters of administration with or without the will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased’s estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased’s estate.
Grants of effects unadministered
229. Grants of effects unadministeredIf an executor to whom probate has been granted has died, leaving a part of the testator’s estate unadministered, a new representative may be appointed for the purpose of administering that part of the estate.
230. Provisions as to grants of effects unadministeredIn granting letters of administration of an estate not fully administered, the court shall be guided by the same provisions as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made.
231. Administration when limited grant expiredWhen a limited grant has expired by effluxion of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.
Alteration in grants
232. Errors may be rectified by courtErrors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of probate or letters of administration may be altered and amended accordingly.
233. Procedure where codicil discovered after grantIf, after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant altered and amended accordingly.
Revocation of grants
234. Revocation or annulment for just cause
Part XXXI – Practice in granting and revoking probates and letters of administration
235. Jurisdiction to grant probate and letters of administration
236. General powers of district delegateA district delegate shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected with the granting of probate and letters of administration, as are by law vested in him or her in relation to any civil suit or proceeding pending in his or her court.
237. District delegate may order person to produce testamentary papersA district delegate may order any person to produce and bring into court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of that person and—
238. Proceedings in relation to probate and administrationThe proceedings of the court of the district delegate in relation to the granting of probate and letters of administration shall, except as hereafter otherwise provided, be regulated, so far as the circumstances of the case will admit, by the law relating to civil procedure.
239. When and how district delegate to interfere for protection of propertyUntil probate is granted of the will of a deceased person, or an administrator of his or her estate is constituted, the district delegate, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of that property at the instance of any person claiming to be interested in it, and in all other cases where the delegate considers that the property incurs any risk of loss or damage; and for that purpose, if he or she sees fit, to appoint an officer to take and keep possession of the property.
240. When probate or administration may be granted by district delegateProbate of the will or letters of administration to the estate of a deceased person may be granted by the district delegate under the seal of his or her court, if it appears by a petition, verified as hereafter provided, of the person applying for the probate or letters of administration, that the testator or intestate, as the case may be, at the time of his or her decease, had a fixed place of abode, or any property, movable or immovable, within the jurisdiction of the delegate.
241. Disposal of application made to district delegate of place where deceased had no fixed abodeWhen an application is made to a district delegate in a district or area in which the deceased had no fixed abode at the time of his or her death, it shall be in the discretion of the delegate to refuse the application, if, in his or her judgment, it could be disposed of more justly or conveniently in another district or area, or, where the application is for letters of administration, to grant them absolutely or limited to the property within his or her own jurisdiction.
242. Conclusiveness of probate or letters of administration
243. Conclusiveness of application for probate or administrationAn application for probate or letters of administration, if made and verified in the manner hereafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration, and no such grant shall be impeached by reason that the testator or intestate had no fixed place of abode, or no property within the district or area at the time of his or her death, unless by a proceeding to revoke the grant if obtained by a fraud upon the court.
244. Petition for probateAn application for probate shall be made by a petition distinctly written in the English language with the will annexed, and stating—
245. Translation of will to be annexed to petitionIn cases where the will is written in any language other than English, there shall be a translation of it annexed to the petition by a translator of the court, if the language is one for which a translator is appointed, or, if the will is in any other language, then by any person competent to translate it, in which case the translation shall be verified by that person in the following manner—“I, ________________________, do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation of it.”.
246. Petition for letters of administrationAn application for letters of administration shall be made by petition distinctly written in the English language, and stating—
247. Petition to be signed and verifiedA petition for probate or letters of administration shall, in all cases, be subscribed by the petitioner and his or her advocate, if any, and shall be verified by the petitioner in the following manner or to the like effect—“I, ________________________, the petitioner in the above petition, declare that what is stated in it is true to the best of my information and belief.”.
248. Verification of petition for probate by one witness to willWhere the application is for probate, the petition shall also be verified by at least one of the witnesses to the will, when procurable, in the following manner or to the following effect—“I, ________________________, one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that I was present, and saw the testator affix his (or her) signature (or mark) to it (or that the testator acknowledged the writing annexed to the above petition to be his (or her) last will and testament in my presence).”.
249. Punishment for false averment in petition or declarationIf any petition or declaration which is required to be verified contains any averment which the person making the verification knows or believes to be false, that person shall be subject to punishment according to the provisions of the law for the time being in force for the punishment of the offence of giving or fabricating false evidence.
250. High Court or district delegate may examine petitioner in person and require further evidence, etc.
251. Administrator General not precluded from grantNothing in this Part of this Act shall be deemed to preclude—
252. No probate or letters of administration to be granted except on production of certificate from assistant estate duty commissionerExcept in the case of an application by the Administrator General, no probate or letters of administration or resealing of probate or letters of administration shall be granted by the High Court or a district delegate unless the certificate of an assistant estate duty commissioner is produced to the High Court or a district delegate, as the case may be, to the effect that he or she is satisfied that the requirements of any written law relating to estate duty in regard to the payment of duty have been or will be complied with.
253. Caveats against grant of probate or administrationCaveats against the grant of probate or administration may be lodged with the High Court or a district delegate; and immediately on any caveat being lodged with any district delegate, he or she shall send a copy of it to the High Court.
254. Form of caveatA caveat under section 253 shall be to the following effect—“Let nothing be done in the matter of the estate of ________________________, late of _______________________, deceased, who died on the______ day of ___________, 20 ____, at ________________________, without notice to ________________________, of ________________________________________________.”.
255. After entry of caveat, no proceeding taken on petition until after notice to caveatorNo proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant of the petition has been entered with the judge or officer to whom the application has been made, or notice has been given of its entry with some other delegate, until after such notice to the person by whom the caveat has been entered as the court shall think reasonable.
256. Power to transmit statement to High Court in doubtful cases where no contentionIn every case in which there is no contention, but it appears to the district delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the district delegate may, if he or she thinks proper, transmit a statement of the matter in question to the High Court which may direct the district delegate to proceed in the matter of the application, according to such instructions as to the High Court may seem necessary, or may forbid any further proceeding by the district delegate in relation to the matter of the application, leaving the party applying for the grant in question to make application to the High Court.
257. Procedure where there is contention, or district delegate thinks probate, etc. should be refused in his or her courtIn every case in which there is contention, or the district delegate is of opinion that the probate or letters of administration should be refused in his or her court, the petition, and any documents that may have been filed with it, shall be returned to the person by whom the application was made in order that they may be presented to the High Court, unless the district delegate thinks it necessary, for the purposes of justice, to impound them, which he or she is authorised to do; and in that case he or she shall send them to the High Court.
258. Grant of probate to be under seal of courtWhere it appears to a judge of the High Court or a district delegate that probate of a will should be granted, he or she shall grant probate under the seal of his or her court in the following manner—“I, ________________________, judge of the High Court (or district delegate) appointed for granting probate or letters of administration in ________________________, (here insert the limits of the delegate’s jurisdiction) make known that on the ____ day of _____________, in the year __________, the last will of ________________________, late of ________________________, a copy of which is annexed, was proved and registered before me, and that administration of the property and credits of the deceased, and in any way concerning his or her will, was granted to ________________________, the executor named in the will, he (or she) having undertaken to administer the will, and to make a full and true inventory of the property and credits, and exhibit it in this court within six months from the date of this grant, or within such further time as the court may from time to time appoint, and also to render to this court a true account of the property and credits within one year from the same date, or within such further time as the court may from time to time appoint.”.
259. Grant of letters of administration to be under seal of courtWhere it appears to a judge of the High Court or a district delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he or she shall grant the letters of administration under the seal of his or her court in the following manner—“I, _______________________, judge of the High Court (or district delegate) appointed for granting probate or letters of administration in ________________________, (here insert the limits of the delegate’s jurisdiction) make known that on the ______ day of ______________, letters of administration (with or without the will annexed, as the case may be) of the property and credits of ________________________, late of ________________________, deceased, were granted to ________________________, the father (or as the case may be) of the deceased, he (or she) having undertaken to administer the property and credits, and to make a full and true inventory of them, and to exhibit it in this court within six months from the date of this grant, or within such further time as the court may from time to time appoint, and also to render to this court a true account of the property and credits within one year from the same date, or within such further time as the court may from time to time appoint.”.
260. Administration bondThe court may before committing a grant of letters of administration to any person require that person to give a bond to a judge of the High Court or district delegate to enure for the benefit of the judge or delegate for the time being, with one or more surety or sureties, engaging for the due collection, getting in and administering the estate of the deceased, which bond shall be in such form as the High Court shall, from time to time, by any general or special order, direct.
261. Assignment of administration bondThe court may, on application made by petition, and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security or providing that the money received be paid into court, or otherwise as the court may think fit, assign the bond to some person, his or her executors, or administrators, who shall thereupon be entitled to sue on the bond in his or her own name as if the bond had been originally given to him or her instead of to a judge of the High Court or a district delegate, and shall be entitled to recover on it, as trustee for all persons interested, the full amount recoverable in respect of any breach of the bond.
262. Time for grant of probate and administrationNo probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days, from the day of the testator’s or intestate’s death.
263. Filing of original wills of which probate or administration with will annexed grantedA judge of the High Court or district delegate shall file and preserve all original wills of which probate or letters of administration with the will annexed may be granted by him or her among the records of his or her court, until some public registry for wills is established; and the Minister shall make regulations for the preservation and inspection of the wills so filed.
264. Grantee of probate or administration alone to sue, etc. until grant revokedAfter any grant of probate or letters of administration, no person other than the person to whom the same has been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, until the probate or letters of administration has or have been recalled or revoked.
265. Procedure in contentious casesIn any case before the High Court in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit according to the provisions of the law relating to civil procedure, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who may have appeared to oppose the grant shall be the defendant.
266. Payment to executor or administrator before probate or administration revokedWhere any probate is or letters of administration are revoked, all payments bona fide made to any executor or administrator under the probate or administration before its revocation shall, notwithstanding the revocation, be a legal discharge to the person making the payments; and an executor or administrator who has acted under any revoked probate or administration may retain and reimburse himself or herself in respect of any payments he or she made, which the person to whom probate or letters of administration shall be afterwards granted might have lawfully made.
267. Appeals from orders of district delegateEvery order made by a district delegate by virtue of the powers hereby conferred upon him or her shall be subject to appeal to the High Court under the civil procedure rules applicable to appeals.
Part XXXII – Executors of their own wrong
268. Intermeddling, etc.A person who intermeddles with the estate of the deceased or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself or herself an executor of his or her own wrong; except that—
269. Liability of executor of his or her own wrongWhen a person has so acted as to become an executor of his or her own wrong, he or she is answerable to the rightful executor or administrator, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his or her hands, after deducting payments made to the rightful executor or administrator, and payments made in due course of administration.
Part XXXIII – Powers of an executor or administrator
270. Disposal of propertyAn executor or administrator has power to dispose of the property of the deceased, either wholly or in part, in such manner as he or she may think fit, subject to section 26 and the Second Schedule.
271. Purchase of deceased’s propertyIf an executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.
272. Powers of several executors, etc. exercisable by oneWhen there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the will or taken out administration.
273. Survival of executors or administratorsUpon the death of one or more of several executors or administrators, all the powers of the office become vested in the survivors or survivor.
274. Administrator of effects unadministeredThe administrator of effects unadministered has, with respect to those effects, the same powers as the original executor or administrator.
275. Administrator during minorityAn administrator during minority has all the powers of an ordinary administrator.
276. Married executrix or administratrixWhen probate or letters of administration have been granted to a married woman, she has all the powers of an ordinary executor or administrator.
Part XXXIV – Duties of an executor or administrator
277. Deceased’s funeralIt is the duty of an executor to perform the funeral of the deceased in a manner suitable to his or her condition, if the deceased has left property sufficient for the purpose.
278. Inventory and account
279. Property of deceasedAn executor or administrator shall collect, with reasonable diligence, the property of the deceased, and the debts that were due to him or her at the time of his or her death.
280. Expenses to be paid in priorityFuneral expenses to a reasonable amount, according to the degree and quality of the deceased, and deathbed charges, including fees for medical attendance, and board and lodging for one month previous to his or her death, are to be paid before all debts.
281. Expenses to be paid next after such expensesThe expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, are to be paid next after the funeral expenses and deathbed charges.
282. Wages and other debtsWages due for services rendered to the deceased within three months preceding his or her death by any labourer, artisan or domestic servant are next to be paid, and then the other debts of the deceased.
283. All other debts to be paid equally and rateablyExcept as provided in sections 280, 281 and 282, no creditor is to have a right of priority over another by reason that his or her debt is secured by an instrument under seal, or on any other account; but the executor or administrator shall pay all such debts as he or she knows of, including his or her own, equally and rateably, as far as the assets of the deceased will extend.
284. Payment of debts where domicile not in UgandaIf the domicile of the deceased was not in Uganda, the application of his or her movable property to the payment of his or her debts is to be regulated by the law of Uganda.
285. Creditor paid in part to bring payment into accountNo creditor who has received payment of a part of his or her debt by virtue of section 284 shall be entitled to share in the proceeds of the immovable estate of the deceased unless he or she brings that payment into account for the benefit of the other creditors.
286. Debts to be paid before legaciesDebts of every description shall be paid before any legacy.
287. Executor, etc. not bound to pay legacies without indemnityIf the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.
288. Abatement of general legaciesIf the assets, after payment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions; and the executor has no right to pay one legatee in preference to another, nor to retain any money on account of a legacy to himself or herself or to any person for whom he or she is a trustee.
289. Nonabatement of specific legacyWhere there is a specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing specified must be delivered to the legatee without any abatement.
290. Demonstrative legacy when assets sufficient to pay debts and necessary expensesWhere there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, and the legatee has a preferential claim for payment of his or her legacy out of the fund from which the legacy is directed to be paid until the fund is exhausted, and, if, after the fund is exhausted, part of the legacy still remains unpaid, he or she is entitled to rank for the remainder against the general assets as for a legacy of the amount of the unpaid remainder.
291. Abatement of specific legaciesIf the assets are not sufficient to answer the debts and specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.
292. Legacies treated as general for purpose of abatementFor the purpose of abatement, a legacy for life, a sum appropriated by the will to produce an annuity and the value of an annuity when no sum has been appropriated to produce it shall be treated as general legacies.
Part XXXV – Executor’s assent to a legacy
293. Assent necessary to complete legatee’s titleThe assent of the executor is necessary to complete a legatee’s title to his or her legacy.
294. Effect of executor’s assent to specific legacy
295. Conditional assentThe assent of an executor to a legacy may be conditional, and if the condition is one which he or she has a right to enforce and it is not performed, there is no assent.
296. Assent of executor to his or her own legacy
297. Effect of executor’s assentThe assent of the executor to a legacy gives effect to it from the death of the testator.
298. Payment of legacy, etc.An executor is not bound to pay or deliver any legacy until the expiration of one year from the testator’s death.
Part XXXVI – Payment and apportionment of annuities
300. Commencement of annuity when no time fixed by willWhere an annuity is given by a will, and no time is fixed for its commencement, it shall commence from the testator’s death, and the first payment shall be made at the expiration of one year after that event.
301. When annuity to be paid periodically first falls dueWhere there is a direction that an annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator’s death, and shall, if the executor thinks fit, be paid when due; but the executor shall not be bound to pay it till the end of the year.
302. Successive payments when first payment directed to be made within given timeWhere there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the will authorises the first payment to be made; and, if the annuitant should die in the interval between the times of payment, an apportioned share of the annuity shall be paid to his or her representative.
Part XXXVII – Investment of funds to provide for legacies
303. Investment of sum bequeathed where legacy given for lifeWhere a legacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year be invested in such securities as are authorised by law, and the proceeds of the investment shall be paid to the legatee as the proceeds shall accrue due.
304. Investment of general legacy to be paid at future time
305. Procedure when no fund charged with annuityWhere an annuity is given, and no fund is charged with its payment or appropriated by the will to answer it, a Government annuity of the specified amount shall be purchased; or if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in such securities as are authorised by law.
306. Transfer to residuary legatee of contingent bequestWhere a bequest is contingent, the executor is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee on his or her giving sufficient security for the payment of the legacy if it shall become due.
307. Investment of residue bequeathed for lifeWhere the testator has bequeathed the residue of his or her estate to a person for life without any direction to invest it in any particular securities, so much of it as is not at the time of the testator’s decease invested in such securities as are authorised by law shall be converted into money, and invested in those securities.
308. Investment in specified securities of residue bequeathed for lifeWhere the testator has bequeathed the residue of his or her estate to a person for life, with a direction that it shall be invested in certain specified securities, so much of the estate as is not at the time of his or her death invested in securities of the specified kind shall be converted into money and invested in those securities.
309. Conversion and investmentThe conversion and investment contemplated by sections 307 and 308 shall be made at such times and in such manner as the executor in his or her discretion thinks fit; and, until the conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when so invested shall receive interest at the rate of 4 percent per year upon the market value, to be computed as at the date of the testator’s death, of such part of the fund as has not yet been so invested.
310. Procedure when minor entitled to immediate payment or possession of bequest
311. Procedure in respect of share of minor in intestacy
Part XXXVIII – Produce and interest of legacies
312. Legatee’s title to produce of specific legacy
313. Residuary legatee’s title to produce of residuary fund
314. InterestWhere no time has been fixed for the payment of a general legacy, interest begins to run from the expiration of one year from the testator’s death; except that where—
315. Interest when time fixed for paymentWhere a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed, and the interest up to that time forms part of the residue of the testator’s estate; except that where the testator was a parent or a more remote ancestor of the legatee, or has put himself or herself in the place of a parent of the legatee, and the legatee is a minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the will for maintenance.
316. Rate of interestThe rate of interest shall be 4 percent per year.
317. No interest on arrears of annuity within first yearNo interest is payable on the arrears of an annuity within the first year from the death of the testator, although a period earlier than the expiration of that year may have been fixed by the will for making the first payment of the annuity.
318. Interest on sum invested to produce annuityWhere a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator.
Part XXXIX – Refunding of legacies
319. Refund of legacy paid under judge’s ordersWhere an executor has paid a legacy under the order of a judge, he or she is entitled to call upon the legatee to refund in the event of the assets proving insufficient to pay all the legacies.
320. No refund if paid voluntarilyWhere an executor has voluntarily paid a legacy, he or she cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies.
321. Refund when legacy has become due on performance of conditionWhen the time prescribed by a will for the performance of a condition has elapsed without the condition having been performed and the executor has thereupon, without fraud, distributed the assets, in such case, if further time has been allowed under section 124 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor, but those to whom he or she has paid it are liable to refund the amount.
322. When each legatee compellable to refund in proportionWhen the executor has paid away the assets in legacies, and he or she is afterwards obliged to discharge a debt of which he or she had no previous notice, he or she is entitled to call upon each legatee to refund in proportion.
323. Distribution of assetsWhere an executor or administrator has given such notices as would have been given by the High Court in an administration suit for creditors and others to send into him or her their claims against the estate of the deceased, he or she shall, at the expiration of the time named in the notices for sending in claims, be at liberty to distribute the assets, or any part of them, in discharge of such lawful claims as he or she knows of, and shall not be liable for the assets so distributed to any person of whose claim he or she shall not have had notice at the time of the distribution; but nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part of them, in the hands of the persons who may have received them.
324. Creditor may call upon legatee to refundA creditor who has not received payment of his or her debt may call upon a legatee who has received payment of his or her legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of the testator’s death to pay both debts and legacies, and whether the payment of the legacy by the executor was voluntary or not.
325. When legatee not satisfied, or compelled to refund, cannot oblige one paid in full to refundIf the assets were sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his or her legacy, or who has been compelled to refund under section 324, cannot oblige one who has received payment in full to refund, whether the legacy was paid to him or her with or without suit, although the assets have subsequently become deficient by the wasting of the executor.
326. When unsatisfied legatee must first proceed against executor, if solventIf the assets were not sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his or her legacy must, before he or she can call on a satisfied legatee to refund, first proceed against the executor, if he or she is solvent; but, if the executor is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
327. Limit of refunding of one legatee to anotherThe refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered.
328. Refunding without interestThe refunding shall, in all cases, be without interest.
329. Residue to be paid to residuary legateeThe surplus or residue of the deceased’s property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will.
330. Transfer of assets from Uganda to executor or administrator in country of domicile for distributionWhere a person not having his or her domicile in Uganda has died leaving assets both in Uganda and in the country in which he or she had his or her domicile at the time of his or her death, and there has been a grant of probate or letters of administration in Uganda with respect to the assets there, and a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case may be, in Uganda, after having given such notices as are mentioned in section 323, and after having discharged, at the expiration of the time named in the notices, such lawful claims as he or she knows of, may, instead of himself or herself distributing any surplus or residue of the deceased’s property to persons residing out of Uganda who are entitled to it, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to that executor or administrator for distribution to those persons.
331. Procedure where deceased has left property in Tanzania or Kenya
Part XL – Liability of an executor or administrator for devastation
332. Liability of executor or administrator for devastationWhen an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he or she is liable to make good the loss or damage so occasioned.
333. Liability of executor or administrator for neglectWhen an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he or she is liable to make good the amount.
Part XLI – Miscellaneous
334. Power of Minister to exempt any class of persons from operation of Act
335. Surrender of revoked probate or letters of administration
336. Application to the armed forcesNothing in this Act shall in any way affect any provisions as to distribution or intestacy contained in regulations made under the Armed Forces Act as from time to time amended.
337. Places appointed for custody of wills of living persons
338. Power to make rules prescribing fees and other mattersThe Chief Justice shall have power with the approval of the Minister to make rules concerning the following matters—
339. Application of sections 37 to 40Sections 37 to 40 shall apply to every will made on or after the 26th day of January, 1971.
History of this document
31 December 2000 this version
15 February 1906