KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW

COURSE : LLB
COURSE UNIT : FAMILY LAW II
COURSE CODE : LLB 2203
YEAR : TWO
SEMESTER : TWO
SESSION : EVENING
LECTURER : MS. NAMBOZO SHARON
NO NAME REG.NO SIGN
.
1 KYAMBADDE JOSEPH 2023-04-16333
2 MALLINGA MERCY 2023-04-16277
3 ATUHAIRE CAROLINE 2023-04-15566
4 SSEMWOGERERE RODNEY 2023-04-16249
5 MUNGUDIT TIMOTHY PRINCE 2023-04-16246
INTESTATE SUCCESSION

Under family law Intestate refers to the situation where an

individual dies without a valid will. In this case .

1. assets are distributed ,according to state or country´s

intestacy laws

2. court appoints an administrator to manage the estate

3. spouse, relatives inherit assets in predetermined positions

Intestacy laws vary by jurisdiction but typically 1. spouse

receives a significant share E.g. ½ to 2/3. children inherit equal
shares. Parents ,siblings and other relatives may inherit if no
spouse or children . Consequences of dying intestate .

1. loss of control over asset distribution .

2. Potential conflicts among family members .increased court

involvement and costs . To avoid intestacy, consider. 1. Creating
a will 2. Updating a will after life changes e.g. marriage, divorce
3. consulting with attorney . under family law succession: refers
to the process of transferring property, title, or right from a
deceased person to their heir or beneficiaries . S.20 of the
Succession Act CAP 268 defines intestate succession as where a
person dies intestate of all property which has not been disposed
of by a valid testamentary disposition. This means that a person
dies without leaving a will disposing off his /her property

This was further illustrated in the case of Kolya Vs Kolya where

it was held that the Succession Act is to the effect that the
testators’ intention must be respected, however such intention
must be in line with the law relating to wills

When a person dies intestate, his personal representative will

apply for letters of administration to deal with the estate.

A person can either die wholly or partially intestate e.g. if the deceased leaves a
will which only disposes off part of his property, he will said to have died partially
intestate and if he leaves no will at all, he will be said to have died wholly
intestate.

According to S.187 of the succession act provides that except as

provided here in after and subject to S.4 of general
administrators’ Act that no right to property of any person who
has died intestate shall be established in any Court of Justice
unless letters of administration have been granted by the Court of
Competent Jurisdiction.

Before an estate can be lawfully administered by any one, letters of

administration must be obtained from court.
WHO CAN APPLY FOR LETTERS ADMINISTRATION

S.199(1) provides that the surviving spouse shall have

preference over any other person in the administration of the
estate of a deceased intestate

Read: Re Kibiego's case (1972) EA 179, the principle in this case is that a widow is
the most appropriate person to obtain representation to her deceased husband's
estate. In the normal course of events, she is the person who would rightly,
properly and honestly safeguard the estates for herself and the children.

In Lucy Monica Akuru v Micheal alias Kirega (admin cause 10/1990), it was held
that where a deceased died intestate leaving a widow, letters of administration
must be granted to the widow unless court see cause to disqualify her on ground
of the personal qualification or when she has no interest to administer the estate
of the deceased. "Administration merely empowers the grantee to collect all the
parties of the deceased and to lay all his debts and distribute the balance of those
who are entitled to a share of the estate according to the law of succession. This
in my view provides a good protection in the interest of those entitled to a share
against grantees of the letters of administration...."

2) The preference of the surviving spouse under subsection (1)

may be disregarded by the administrator general where;

a) The surviving spouse is not a fit and proper person to

administer the estate of the deceased spouse or;
b) The administrator general finds it necessary, in the
circumstances of the estate, to grant the administration of
the estate to another person.
PROCEDURE OF APPLYING FOR LETTERS OF
ADMINISTRATION

When a person dies intestate, the family organizes a meeting and

selects someone to be the administrator then in that meeting,
they will take minutes and the family consent

Report the death to the Sub County

This normally arises when a person dies a natural death, with the
relevant documents such as an introductory letter from the
chairperson local council 1, then family consent the photocopy of
the national identity card of the applicant

The rationale of this is to obtain the death certificate

Report the death to NIRA

With relevant documents which include;

An introductory letter from LCI

Family consent

Original national identification cards of both the applicant and

deceased

Death certificate from Sub County or hospital

Report the death to the administrator general’s office

As a requirement under S. 5 (1) (2) of administer generals act

with relevant documents such as death such as;
Death certificate from NIRA

Letter from the LCI introducing the applicant to the administrator

general

Passport photo

Photocopy of National ID

Notice of application for letters of administration filled with the

necessary information

If satisfied, the administrator general will issue a certificate of no

objection to enable the applicant apply to court for a grant of
letters of administration

Petition for letters of administration

S.231 of the Succession Act provides for the jurisdiction to

grant probate and letters of administration under this act shall be
excised by the high court and magistrate’s court in accordance
with the administration of estate (small estates) (special
provisions) Act

According to S.25 of the administration of estates act provides

that letters of administration shall not be made void if after
granting them, it is discovered that the court which granted them
had no jurisdiction to entertain the matter unless the beneficiaries
interest are at prejudice
According to S.240 of the succession act provides that an
application for letters of administration shall be made by petition
distinctly distributed in English language and stating

a) The time and place of the deceased’s death

b) The family or other relatives of the deceased and their
respective residences
c) The right in which the petition claims
d) That the deceased left some property within the jurisdiction
of the high court or district delegate to whom the application
is made and

The amount of assets which are likely to come to the petitioners’

hands

The application is advertised for fourteen days in the newspapers

to alert the public about the applicant requesting to administer
the estate. This is done through newspaper like Daily Monitor,
New Vision etc.

This was further discussed in the case of Wilson Vs Isale John

Micheal where it was held that any person claiming any interest
towards the estate can assert those rights by filing a caveat
against the application for letters of administration

Under S. 249 of the succession act provides that caveats 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 high court

Duties of an administrator

S.267 of the Succession Act provides that the administrator has

power to distribute the property either wholly or in part in such a
manner he deems fit

The administrator has many important duties which includes

1) Collecting any debts owed to the deceased

2) Paying any debts owed by the deceased
3) File in court and inventory of all the estate property within
six months of receiving letters of administration.
4) Distributing the property of the estate to the beneficiaries
pursuant to the law
5) Filing in court an account of how the estate property was
distributed within the twelve months of receiving letters of
administration

EFFECTS OF INTESTATE SUCCESSION

According to S.267 of the Succession Act provides that letters of

administration entitle the administrator to all rights belonging to
the intestate as effectually as if the administrator has been
granted of the moment after his or her death
The Estate is kept in trust by the personal representative of the
deceased duly appointed by the court in order to manage the
estate. One has to apply to court for letters of administration

Distribution of property when a person dies intestate

Pursuant to S.23 (1) Succession Act, the estate of an intestate,

except for his or her residential holding or other residential
holding, shall be divided among the following classes in the
following manner

a) Where the intestate is survived by a spouse, a lineal

descendant, a dependent relative and a customary heir

i. The spouse shall receive 20 percent

ii. The dependent relatives shall receive 4 percent
iii. The lineal descendants shall receive 75 percent; and
iv. The customary heir shall receive 1 percent; of the whole of
the property of the intestate
a) where the intestate leaves no surviving spouse or dependent
relative under paragraph (a) (1) or (ii) capable of taking a
probation of his or her property the-
i. Lineal descendants shall receive 99 percent; and
ii. Customary heir shall receive 1 percent
c) Where the intestate is survived by a spouse, a defendant
relative and a customary heir but no lineal descendant
i. The spouse shall receive 50 percent
ii. The defendant relative shall receive 49 percent; and
iii. The customary heir shall receive 1 percent; of the whole of
the property of the intestate
d) Where the intestate is survived by a customary heir, a
spouse or dependent relative but no lineal descendant
i. The customary heir shall receive 1 percent, and
ii. The surviving spouse or the dependent relative, as the case
may be, shall receive 99 percent, of the whole of the
property of the intestate

2) Not with-standing subsection (1) twenty percent of the estate

shall not be distributed, but shall be held in trust for the
education, maintenance and welfare of the following categories of
lineal descendants until they cease to quality as such-

a) A minor child of the intestate and where he or she attains

eighteen years of age, until he or she ceases to qualify under
paragraph (b) or (c)
b) A lineal descendant of the deceased who is above eighteen
years of age but below twenty-five years of age if, at the
time of the death of the intestate, was under taking studies
and was not married, and
c) A lineal descendant of the intestate, who has a disability if,
at the time of the death of the intestate was not married and
was wholly dependent on the intestate for his or her
livelihood
3) Where an estate produces an income by way of periodical
payments the percentage referred to subsection (2) shall be
derived from that income

4) For the avoidance of doubt, the percentage specified in

subsection (2) shall be deducted from the gross estate before the
distribution of the estate under subsection (1)

5) Where the lineal descendants specified in subjection (2) do not

require all the twenty percent that is held in trust for their
education, maintenance and welfare, the balance of the
percentage that is not required, shall form part of the estate to be
distributed to be distributed to all the beneficiaries under
subsection (1)

6) A lump sum settlement may be made for the maintenance, and

welfare of a lineal descendant who has a disability, specified in
subsection (2) (c)

7) A spouse who remarries before the estate of the decreased is

distributed shall be entitled to the share h or she would be
entitled to under subsection (1)

8) Where the customary heir is at the same time in a lineal

descendant of the intestate, the customary heir shall in addition
in his or her share as a customary heir, be entitled to share as a
lineal descendant.

Separation of spouses (section 26)

Section 26(1), A surviving spouse of an intestate shall not take any interest in the
estate of the intestate if, at the death of the intestate the surviving spouse was
separated from the instate as a member of the same household.

However, the right of occupancy can be terminated by;

1.Events.
-In case of a widow, if she does or remarries or ceased to occupy the house for a
continuous period of 6 months or consents to surrender the house and
voluntarily surrender it, then her right to occupy ceases.

-In the case of a female child if she does or reaches 21 years or marries earlier
or if she ceases to occupy the house for a continuous period of 6 months, she
loses control.

-In the case of a male child, if he does or attains 18uears or more or ceases to
reside in the home for 6 months and more.

-By surrender in writing signed by the occupant (if an adult or endorsed by the
court if the occupant is a minor)

2.By court

-This happens when the occupants fail to fulfill the obligations imposed upon
them as regards to the residential holding. It’s an offence to evict entitled persons
from occupancy. The right is only as long as one will not remarry. Section 1(1) of
the second schedule provides for people who have a right of occupancy of the
residential holding and they include the widow, widower, children of the
deceased who are of minority age and are normally resident in such residential
holding, the custodian of a minor.

Do letters of administration expire

Letters of administration expire after 2 years with the court

retaining the power to extend the operation of letters of
administration for a further period of two years as court may
determine

The court before extending the grant must be satisfied that it is in

the best interest of the beneficiaries and that the beneficiaries
have consented and the administrator has complied with any
conditions upon which the grant was issued by the court

The succession act as amended is to the effect that the person

who before the grant of letters of administration misapplies the
estate of the deceased or subjects it to loss or damage shall be
guilt of an offence on conviction and liable to imprisonment for a
term of 2 years or to a fine not exceeding 48 currency points

In addition, the person convicted shall be liable to make good to

the estate and beneficiaries of the estates, the loss or damage
occasional

Conclusion

Conclusively, intestate succession is where a person dies without leaving a valid

testamentary disposition or will. A person can either die wholly or partially
intestate. Before an estate can be lawfully administered by any one, letters of
administration must be obtained from court and be granted to the surviving
spouse, children of the deceased and others in case of application while following
the rightful procedures. However, in issues pertaining the residential holding, the
right to occupy can always be terminated and the letters of administration can
expire after two years as elaborated in the above essay.