- Commenced on 15 August 1933
- [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.]
1. InterpretationIn this Act, unless there is anything repugnant in the subject or context—
2. Administrator General
3. Limitation on liability of Administrator General and agents for acts done in performance of duties
4. Death to be reported to Administrator General, who may apply for grant of letters of administration
5. Notice of application for letters of administration to be given to Administrator General
6. Notice of application for letters of administration to be given by Administrator General
7. Grant to Administrator General may be revoked and grant made to other person
8. Administrator General not precluded from applying for grant within one month of death of deceasedNothing in this Act shall be deemed to preclude the Administrator General from applying to the court for letters of administration in any case within a period of one month from the death of the deceased.
9. Court may grant certificate where value of estate does not exceed shs. 2,000
10. Administrator General to transmit accounts to Minister
11. Intermeddling with property of deceased
12. Surviving partner to furnish sworn statement
13. Power to call for sworn statement as to wages due to deceased
14. Agent may take possession to protect property
15. Death of agent of person not residing in Uganda
16. Power to dispose of propertyThe Administrator General may, subject to any wishes which may be expressed by the next of kin of the deceased, dispose of the property of an estate under his or her administration either wholly or in part and either by public auction or private treaty as he or she in his or her discretion may deem to be in the best interests of the estate.
17. Administrator General to make inventory and keep accountsThe Administrator General shall—
18. Notice to creditors and claimants; distribution of estate
19. Unclaimed balance
20. Fees and expenses
21. Power to incur expenditureThe Administrator General may, in addition to and not in derogation of any other powers of expenditure lawfully exercisable by him or her, incur expenditure—
22. Actions against Administrator General
23. Right of Administrator General to costsWhen the court orders the cost of the proceedings, to which the Administrator General is a party, to be paid otherwise than out of the estate of a deceased person which is being administered by the Administrator General, the Administrator General shall be entitled to charge ordinary profit costs, whether he or she has appeared in person or not, based on any written law relating to the remuneration of advocates and taxation of costs for the time being in force, and those costs shall be credited to the Consolidated Fund.
24. Property existing in neighbouring territories
25. Payments to executor, etc. in country of domicileWhere the Administrator General has been granted letters of administration of the estate in Uganda, not being personal estate only as referred to in section 24, of any person who was at the time of his or her death not domiciled or who appears to the Administrator General to have then been not domiciled in Uganda and probate of that deceased person’s will or letters of administration of his or her estate has or have been granted in the place of the deceased person’s domicile, the Administrator General may pay over to the person holding the grant the balance of the estate after payment of proved debts and funeral and administration expenses without seeing to the application of that balance and without incurring any liability in regard to the payment; and where the deceased person was domiciled in a foreign State, the transfer may be made to a consular officer of that State whose receipt shall be a full and complete discharge to the Administrator General in respect of the same.
26. Assets received from outside UgandaWhere the Administrator General receives assets belonging to an estate which he or she is administering but which, at the time of the death of the deceased, were situate outside Uganda, the assets shall, subject to any written law relating to estate duty, be treated in the same manner as assets within Uganda at the time of death.
27. Court may appoint persons to receive minor’s shareWhere any person entitled to a share under the will or in the distribution of the estate of a deceased person whose estate is being administered by the Administrator General is a minor, the High Court may, upon the application of the Administrator General, appoint the father or mother of the minor or some other suitable person or the public trustee to receive the share of the minor on his or her behalf, and upon the appointment being made the Administrator General may pay the share of the minor to such person on behalf of the minor, and the receipt of that person shall be a full and complete discharge to the Administrator General in respect of the share; but where the share of the minor does not exceed ten thousand shillings in value, the Administrator General may, at his or her discretion, pay or transfer it to the father or mother of the minor or some other suitable person or the public trustee on behalf of the minor, and the receipt of that father or mother or other person shall be a full and complete discharge to the Administrator General in respect of the share.
28. Court may order partition of immovable property
29. No security or oath required from Administrator General
30. Power to apply to court for directions
31. Power to administer oathThe Administrator General may, whenever he or she desires for the purpose of this Act to satisfy himself or herself regarding any question of fact, examine upon oath, which he or she is authorised to administer, any person who is willing to be so examined by him or her regarding such question.
32. False evidenceAny person who, during any examination authorised by this Act, makes upon oath a statement which is false, and which he or she either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a judicial proceeding and is liable on conviction to the penalties provided for perjury.
33. Accounts to be filed in court
34. Power to file interim accountThe Administrator General may, on giving notice as is provided in section 33, pass interim accounts prior to the completion of the administration.
35. Liability of GovernmentThe revenues of the Government shall be liable to make good all sums required to discharge any liability which the Administrator General, if he or she were a private administrator, would be personally liable to discharge except when the liability is one which neither the Administrator General nor any of his or her agents could, by the exercise of reasonable diligence, have averted; and in either of those cases the Administrator General shall not, nor shall the revenues of the Government, be subject to any liability.
36. Succession Act not to supersede rights of Administrator GeneralNothing contained in the Succession Act shall be taken to supersede the rights, duties and privileges of the Administrator General under this Act.
37. Disposal of insignificant balancesAfter completion of the administration of an estate by the Administrator General or his or her agents, if the net balance for distribution among heirs abroad is less than five hundred shillings the Administrator General may distribute the balance among such persons as appear to be entitled to it and remit the amount so due by bank draft, registered money order or postal order.
38. Power to make rules
39. Application of Act
40. Transfer of balance of enemy estates to custodian of enemy propertyNotwithstanding anything in this Act, the Administrator General may, on completion of the administration of an estate of a deceased enemy or enemy subject, transfer the net balance and any property remaining in the estate to the custodian of enemy property of Uganda, whose receipt therefor shall be a valid and effectual discharge in favour of the Administrator General as against all persons.
History of this document
31 December 2000 this version
15 August 1933