9300 Cap. 268.

] Succession Act

CHAPTER 268

THE SUCCESSION ACT

Arrangement of Sections

Section
PART I—PRELIMINARY

1. Act to constitute law of Uganda in cases of succession

2. Interpretation
PART II—DOMICILE

3. Succession to deceased person’s immovable and movable

property
4. Domicile in respect of succession to movables
5. Continuance of domicile of origin
6. Acquisition of new domicile
7. Special mode of acquiring domicile in Uganda
8. Domicile not acquired by residence as representative of
foreign Government, etc.
9. Continuance of new domicile
10. Domicile of origin of child
11. Domicile of choice
12. Acquisition of new domicile by minor
13. Acquisition of new domicile by mentally impaired person
14. Succession to movable property in Uganda

PART III—CONSANGUINITY

15. Kindred or consanguinity

16. Lineal consanguinity
17. Collateral consanguinity
18. Persons held for purpose of succession to be similarly
related to deceased
19. Mode of computing degrees of kindred
Succession Act [Cap. 268. 9301

PART IV—INTESTACY

20. Property of deceased dying intestate

21. Devolution of property of deceased dying intestate

PART V—DISTRIBUTION OF INTESTATE’S PROPERTY

22. Devolution of residential holdings

23. Distribution of property on death of intestate
24. Distribution of property between members of same class
25. Reservation of principal and other residential property
26. Separation of spouses
27. Interest of State on default
28. Children’s advancement

PART VI—WILLS AND CODICILS

29. Persons capable of making wills

30. Maintenance of spouse, children, lineal descendants and
dependent relatives to be made in will
31. Power of court to order maintenance
32. Time within which application must be made
33. Effect and form of order for maintenance
34. Variation of orders
35. Interim orders
36. Will obtained by fraud, undue influence, duress, coercion,
mistake of fact or abuse of position of trust or vulnerability
37. Will may be revoked or altered
38. Form of will
PART VII—GUARDIANSHIP
39. Testamentary guardian
40. Statutory guardian
41. Customary guardian
42. Relationship between surviving parent and appointed guardian
43. Power of court to remove guardian
44. Powers and duties of guardian
45. Termination of guardianship
46. Application of Children Act to guardianship under this Act
9302 Cap. 268.] Succession Act
PART VIII—EXECUTION OF UNPRIVILEGED WILLS

47. Execution of unprivileged wills

48. Incorporation of papers by reference

PART IX—PRIVILEGED WILLS

49. Privileged wills

50. Mode of making privileged wills

PART X—ATTESTATION, REVOCATION, ALTERATION AND

REVIVAL OF WILLS

51. Effect of gift to attesting witnesses

52. Witness not disqualified by interest or by being executor or
executrix
53. Revocation of will by marriage of testator or testatrix
54. Revocation of unprivileged will or codicil
55. Effect of alteration in unprivileged will
56. Revocation of privileged will or codicil
57. Revival of unprivileged will

PART XI—CONSTRUCTION OF WILLS

58. Wording of will

59. Inquiries to determine questions as to object or subject of will
60. Misnomer or misdescription of object
61. When words may be supplied
62. Rejection of erroneous particulars in description of subject
63. When part of description may not be rejected as erroneous
64. Extrinsic evidence admissible in case of latent ambiguity
65. Extrinsic evidence inadmissible in cases of patent ambiguity or
deficiency
66. Meaning of clause to be collected from entire will
67. When words may be understood in restricted sense, and when in
sense wider than usual
68. Which of two possible constructions preferred
69. No part rejected if reasonable construction possible
70. Interpretation of words repeated in different parts of will
71. Intention of testator or testatrix to be effected as far as possible
Succession Act [Cap. 268. 9303

72. Last of two inconsistent clauses prevails

73. Will or bequest void for uncertainty
74. Words describing subject refer to property answering description
at death of the testator or testatrix
75. Power of appointment executed by general bequest
76. Implied gift to objects of power in default of appointment
77. Bequest to “heirs”, etc. of particular person without qualifying
terms
78. Bequest to “representatives”, etc. of particular person
79. Bequest without words of limitation
80. Bequest in alternative
81. Effect of words describing class added to bequest to person
82. Bequest to class of persons under general description only
83. Construction of terms
84. Construction where will purports to make two bequests to same
person
85. Constitution of residuary legatee
86. Property to which residuary legatee entitled
87. Time of vesting of legacy in general terms
88. In what case legacy lapses
89. One of two joint legatees dying before testator or testatrix
90. Words showing intention of testator or testatrix to give distinct
shares
91. Lapsed share
92. When bequest to child or lineal descendant of testator or testatrix
does not lapse on his or her death in lifetime of testator or
testatrix
93. Bequest to legatee for benefit of another does not lapse by
legatee’s death
94. Survivorship in case of bequest to described class

PART XII—VOID BEQUESTS

95. Bequest to person who is not in existence at death of the testator

or testatrix
96. Bequest to person not in existence at death of the testator or
testatrix, subject to prior bequest
97. Rule against perpetuity
98. Bequest to class, some of whom may come under section 96 or 97
9304 Cap. 268.]
Succession Act

99. Bequest to take effect on failure of bequest void under section

96,97 or 98
100. Effect of direction for accumulation
101. Bequest to religious or charitable causes

PART XIII—VESTING OF LEGACIES

102. Vesting of legacy when payment or possession postponed

103. Vesting when legacy contingent upon specified uncertain event
104. Vesting of bequest to members of class attaining particular age

PART XIV—ONEROUS BEQUESTS

105. Onerous bequest

106. One of two separate and independent bequests to same person
may be accepted

PART XV—CONTINGENT BEQUESTS

107. Bequest contingent upon specified uncertain event

108. Bequest to persons surviving at some period not specified

PART XVI—CONDITIONAL BEQUESTS

109. Bequest upon impossible condition

110. Bequest upon illegal, etc. condition
111. Fulfilment of condition precedent to vesting of legacy
112. Bequest to one person and, on failure of prior bequest, to another
113. When second bequest not to take effect on failure of first
114. Bequest over, conditional upon happening of specified uncertain
event
115. Condition must be strictly fulfilled
116. Original bequest not affected by invalidity of second
117. Bequest conditioned that it shall cease to have effect in certain
cases
118. Condition must not be invalid under section 103
119. Result of legatee rendering impossible or indefinitely postponing
act for which no time specified
120. Performance of condition, precedent or subsequent
Succession Act [Cap. 268. 9305

PART XVII—BEQUESTS WITH DIRECTIONS AS TO

.APPLICATION OR ENJOYMENT

121. Direction that fund be employed in particular manner

122. Direction that mode of enjoyment of absolute bequest is to be
restricted
123. Bequest of fund for certain purposes, some of which cannot be
fulfilled

PART XVIII—BEQUESTS TO AN EXECUTOR OR EXECUTRIX

124. Legacy to executor or executrix

PART XIX—SPECIFIC LEGACIES

125. Specific legacy defined
126. Bequest of sum certain where stocks, etc. in which invested are
described
127. Bequest of stock where testator or testatrix had equal or greater
amount of stock of same kind
128. Bequest of money where payment postponed in certain way
129. When enumerated articles not deemed specifically bequeathed
130. Retention of specific bequest to several persons in succession
131. Sale and investment of proceeds of property bequeathed to two or
more persons in succession
132. Non-abatement of specific legacies

PART XX—DEMONSTRATIVE LEGACIES

133. Demonstrative legacies

134. Order of payment when legacy directed to be paid out of fund
specifically bequeathed

PART XXI—ADEMPTION OF LEGACIES

135. Ademption defined

136. Non-ademption of demonstrative legacy
137. Ademption of specific bequest of right to receive something from
third party
9306 Cap. 268.] Succession Act
138. Ademption pro tanto by testator’s or testatrix’s receipt of part of
entire thing specifically bequeathed
139. Ademption pro tanto by testator’s or testatrix’s receipt of portion
of entire fund or stock of which portion has been specifically
bequeathed
140. 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 legacies
141. Ademption where stock, specifically bequeathed, does not exist
142. Ademption pro tanto where stock, specifically bequeathed, exists
in part only
143. Non-ademption of bequest of goods described as connected with
certain place
144. When removal of tiling bequeathed does not constitute ademption
145. When thing bequeathed is valuable to be received by testator or
testatrix from third person and testator or testatrix or his or her
representative receives it
146. Change by operation of law of subject of specific bequest
between date of will and death of testator or testatrix
147. Change without knowledge of testator or testatrix
148. Stock specifically bequeathed lent to third party
149. Stock specifically bequeathed sold but replaced

PART XXII—PAYMENT OF LIABILITIES IN RESPECT OF

SUBJECT OF BEQUEST

150. Non-liability of executor or executrix to exonerate specific

legatees
151. Completion of title of testator or testatrix
152. Immovable property for which rent payable periodically
153. Stock in joint stock company

PART XXIII—BEQUEST OF THINGS DESCRIBED IN GENERAL

TERMS
154. Bequest of things in general terms
PART XXIV—BEQUEST OF INTEREST OR PRODUCE OF FUND
155. Bequest of interest or produce of fund
Succession Act [Cap. 268. 9307

PART XXV—BEQUEST OF ANNUITIES

156. Annuity created by will payable for life only

157. Period of vesting where will directs that annuity be provided out
of proceeds of property, etc.
158. Abatement of annuity
159. Gift of annuity and residuary gift

PART XXVI—LEGACIES TO CREDITORS AND PORTIONERS

160. Legacy to creditor

161. Child prima facie entitled to legacy as well as portion
162. No ademption by subsequent provision for legatee

PART XXVII—ELECTION

163. Circumstances in which election takes place

164. Devolution of interest relinquished by owner
165. Belief of testator or testatrix as to his or her ownership immaterial
166. Bequest for person’s benefit
167. Benefit derived indirectly
168. Person taking in individual capacity under will may, in other
character, elect to take in opposition
169. Exception to preceding sections
170. When acceptance of benefit given by will constitutes election to
take under will
171. Presumption arising from enjoyment by legatee for two years
172. Confirmation of bequest by act of legatee
173. When legatee may be called upon to elect
174. Postponement of election in case of disability

PART XXVIII—GIFTS IN CONTEMPLATION OF DEATH

175. Property transferable by gift made in contemplation of death

PART XXIX—GRANT OF PROBATE AND LETTERS OF ADMINISTRATION

176. Character and property of executor or executrix or administrator
or administratrix
9308 Cap. 268.] Succession Act
177. Administration with copy annexed of authenticated copy of will
proved abroad
178. Probate only to appointed executor or executrix
179. Appointment of executor or executrix
180. Persons to whom probate cannot be granted
181. Grant of probate to several executors or executrixes
182. Probate of codicil discovered after grant of probate
183. Surviving executor or executrix
184. Right as executor or executrix or legatee, when established
185. Effect of probate
186. To whom administration may not be granted
187. Right to intestate’s property, when established
188. Effect of letters of administration
189. Acts not validated by administration
190. Grant of administration where executor or executrix has not
renounced
191. Form and effect of renunciation
192. Procedure where executor or executrix renounces or fails to
accept within time limited
193. Grant of administration to universal or residuary legatee
194. Administration by representative of deceased residuary legatee
195. Grant of administration where no executor or executrix, nor
residuary legatee, nor representative of such legatee
196. Citation before grant of administration to legatee other than
universal or residuary
197. Order in which connections entitled to administer
198. Entitlement to administration
199. Surviving spouse to have priority to administer estate of deceased
spouse
200. Citation of persons entitled in priority to administer
201. Entitlement between members of same class
202. Title of kindred to administration
203. Grant of administration to creditor
204. Administration where property left in Uganda
PART XXX—LIMITED GRANTS
Grants limited in duration

205. Probate of copy of lost will

Succession Act [Cap. 268. 9309

206. Probate of contents of lost or destroyed will

207. Probate of copy where original exists
208. Administration until will produced

Grants for use and benefit of others haring right

209. Administration with will annexed to attorney of absent executor

or executrix
210. Administration with will annexed to attorney of absent person
211. Administration to attorney of absent person
212. Administration where child is sole beneficiary or residuary
legatee
213. Administration for use and benefit of person with mental illness
jus habeas
214. Administration pendente l i f e

Grants for special purposes

215. Probate limited to purpose specified in will

216. Administration with will annexed limited to particular purpose
217. Administration limited to property in which person has beneficial
interest
218. Administration limited to suit
219. Administration limited to purpose of becoming party to suit
against administrator
220. Appointment of person other than one normally entitled to
administration

Grants with exception

221. Probate, etc. subject to exception

222. Administration with exception
223. Exception for land subject to consents

Grants of rest

224. Probate or administration of rest

9310 Cap. 268.] Succession Act
Grants of effects unadministered

225. Grants of effects unadininistered

226. Provisions as to grants of effects unadministered
227. Administration when limited grant expired

Alteration in grants

228. Errors may be rectified by court

229. Procedure where codicil discovered after grant

Relocation of grants

230. Revocation or annulment for just cause

PART XXXI—PRACTICE IN GRANTING AND REVOKING
PROBATES AND LETTERS OF ADMINISTRATION

231. Jurisdiction to grant probate and letters of administration

232. General powers of chief magistrate and magistrate
233. A chief magistrate and a magistrate may order person to produce
testamentary papers
234. Proceedings in relation to probate and administration
235. When and how Chief Magistrate or Magistrate to interfere for
protection of property
236. When probate or administration may be granted by Chief
Magistrate or Magistrate
237. Disposal of application made to Chief Magistrate or Magistrate of
place where deceased had no fixed abode
238. Conclusiveness of probate or letters of administration
239. Conclusiveness of application for probate or administration
240. Petition for probate
241. Translation of will to be annexed to petition
242. Petition for letters of administration
243. Petition to be signed and verified
244. Verification of petition for probate by one witness to will
245. Punishment for false statement in petition or declaration
246. High Court or Chief Magistrate or Magistrate may examine
petitioner in person and require further evidence, etc.
247. Administrator General not precluded from grant
Succession Act [Cap. 268. 9311

248. No probate or letters of administration to be granted except on

production of certificate from assistant estate duty commissioner
249. Caveats against grant of probate or administration
250. Form of caveat
251. Proceedings suspended if caveat is received
252. Caveat and petition to lapse
253. Power to transmit statement to High Court in doubtful cases
where no contention
254. Procedure where there is contention, or Chief Magistrate or
Magistrate thinks probate, etc. should be refused in his or her
court
255. Grant of probate to be under seal of court
256. Grant of letters of administration to be under seal of court
257. Administration bond
258. Assignment of administration bond
259. Time for grant of probate and administration
260. Filing of original wills of which probate or administration with
will annexed granted
261. Grantee of probate or administration alone to sue, etc. until grant
revoked
262. Procedure in contentious cases
263. Payment to executor or executrix or administrator or
administratrix before probate or administration revoked
264. Appeals from orders of Chief Magistrate or Magistrate

PART XXXII—EXECUTORS OR EXECUTRIXES OF THEIR OWN

WRONG

265. Intermeddling and other acts

266. Liability of executor or executrix of his or her own wrong
PART XXXIII—POWERS OF AN EXECUTOR OR EXECUTRIX
OR ADMINISTRATOR OR ADMINISTRATRIX

267. Disposal of property

268. Powers of several executors or executrixes, etc. exercisable by
one
269. Survival of executors or executrixes or administrators or
administratrices
270. Administrator of effects unadministered
271. Administrator during minority
9312 Cap. 268.] Succession Act

PART XXXIV—DUTIES OF AN EXECUTOR OR EXECUTRIX OR

ADMINISTRATOR OR ADMINISTRATRIX

272. Deceased’s funeral

273. Inventory and account
274. Property of deceased person
275. Expenses to be paid in priority
276. Expenses to be paid next after such expenses
277. Wages and other debts
278. All other debts to be paid equally and rateably
279. Payment of debts where domicile not in Uganda
280. Creditor paid in part to bring payment into account
281. Debts to be paid before legacies
282. Executor or executrix, etc. not bound to pay legacies without
indemnity
283. Abatement of general legacies
284. Non-abatement of specific legacy
285. Demonstrative legacy when assets sufficient to pay debts and
necessary expenses
286. Abatement of specific legacies
287. Legacies treated as general for purpose of abatement

PART XXXV—EXECUTOR’S OR EXECUTRIX’S ASSENT TO

LEGACY

288. Assent necessary to complete legatee’s title

289. Effect of executor’s or executrix’s assent to specific legacy
290. Conditional assent
291. Assent of executor or executrix to his or her own legacy
292. Effect of executor’s or executrix’s assent
293. Payment of legacy, etc.
294. Partition

PART XXXVI—PAYMENT AND APPORTIONMENT OF

ANNUITIES

295. Commencement of annuity when no time fixed by will

296. When annuity to be paid periodically first falls due
297. Successive payments when first payment directed to be made
within given time
Succession Act [Cap. 268. 9313

PART XXXVII—INVESTMENT OF FUNDS TO PROVIDE FOR

LEGACIES

298. Investment of sum bequeathed where legacy given for life

299. Investment of general legacy to be paid at future time
300. Procedure when no fund charged with annuity
301. Transfer to residuary legatee of contingent bequest
302. Investment of residue bequeathed for life
303. Investment in specified securities of residue bequeathed for life
304. Conversion and investment
305. Procedure when minor entitled to immediate payment or
possession of bequest

306. Procedure in respect of share of minor in estate of deceased PART

XXXVIII—PRODUCE AND INTEREST OF LEGACIES

307. Legatee’s title to produce of specific legacy
308. Residuary legatee’s title to produce of residuary fund
309. Interest
310. Interest when time fixed for payment
311. Rate of interest
312. No interest on arrears of annuity within first year
313. Interest on sum invested to produce annuity

PART XXXIX—REFUNDING OF LEGACIES

314. Refund of legacy paid under judge’s orders

315. No refund if paid voluntarily
316. Refund when legacy has become due on performance of
condition
317. When each legatee compellable to refund in proportion
318. Distribution of assets
319. Creditor may call upon legatee to refund
320. When legatee not satisfied, or compelled to refund, cannot oblige
one paid in full to refund
321. When unsatisfied legatee must first proceed against executor or
executrix, if solvent
322. Limit of refunding of one legatee to another
323. Refunding without interest
324. Residue to be paid to residuary legatee
9314 Cap. 268.] Succession Act

325. Transfer of assets from Uganda to executor or executrix or

administrator or administratrix in country of domicile for
distribution
326. Procedure where deceased has left property in a court of a
country other than Uganda

PART XL—LIABILITY OF EXECUTOR OR EXECUTRIX OR

.ADMINISTRATOR OR ADMINISTRATRIX FOR DEVASTATION

327. Liability of executor, executrix, administrator or administratrix

for damage or loss to estate
328. Liability of executor or executrix or administrator or
administratrix for neglect
329. Beneficiary’s estate not to form part of payment

PART XLI—MISCELLANEOUS

330. Power of Attorney General to exempt any class of persons from

operation of Act
331. Surrender of revoked probate or letters of administration
332. Application of Act to Uganda Peoples’ Defence Forces
333. Places appointed for custody of wills of living persons
334. Power to make rules prescribing fees and other matters
335. Application of sections 30 to 33
336. Power to amend Schedule 1
337. Application of Act to actions taken before the 31st day of May,
2022

SCHEDULES
Schedule 1 Currency Point

Schedule 2 Table of Consanguinity

Schedule 3
Rules Relating to Occupation of
Residential Holdings

Schedule 4 Statutory Will Form

Schedule 5 Form
Succession Act [Cap. 268. 9315

CHAPTER 268

THE SUCCESSION ACT

Commencement: 15 February, 1906

Au Act relating to succession.

PART I—PRELIMINARY

1. Act to constitute law of Uganda in cases of succession

Except 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. Interpretation

In this Act, unless the context otherwise requires—

“administrator” means a person appointed by a court to administer the
estate of a deceased person when there is no executor or
executrix:
“child”, “children”, “issue” and “lineal descendant” include adopted
children:
“codicil” means an instrument explaining, altering or adding to a will
and which is considered as being part of the will;
“court” means the High Court or a magistrate’s court other than a
magistrate’s court presided over by a magistrate grade II; “currency
point” has the value assigned to it in Schedule 1 to this Act; “customary
heir or heiress” means a person recognised under the rites and customs
of a particular tribe or community of a deceased person as being the
customary successor of that person: “daughter” includes a daughter
adopted in a manner recognised under the laws of Uganda:
“dependent relative” includes parent, brother, sister, niece, nephew,
grandparent or grandchild of the deceased, who on the date of
death of the deceased, was wholly dependent on the deceased for
the provision of the ordinary necessities of life suitable to a
person of his or her station:
9316 Cap. 268.] Succession Act
“disability” has the meaning assigned to it under the Persons with
Disabilities Act;
“executor” or “executrix” means a person appointed in the last will of a
deceased person to execute the terms of the will;
“grandchild” means a son or daughter of a son or daughter;
“grandparent” means a parent of a parent;
“guardian” means a person having legal and parental responsibility for
a minor child and includes a customary guardian;
“immovable property” includes land, incorporeal tenements and things
attached to the earth or permanently fastened to things attached to
the earth;
“lineal descendant” means a person who is descended in a direct line
from the deceased and includes a child and a grandchild of the
deceased and any other person related to the deceased in a direct
descending line up to six degrees descending;
“minor” means any person who has not attained the age of eighteen
years, and “minority” means the status of such person; “movable
property” means property of every description except “immovable
property”;
“parent” includes a stepparent and an adoptive parent;
“personal representative” means the person appointed by law to
administer the estate or any part of the estate of a deceased
person;
“probate” means the grant by a court of competent jurisdiction
authorising the executor or executrix named in the last will of
testator or testatrix to administer the estate of the testator or
testatrix;
“son” includes a son adopted in a manner recognised under the laws of
Uganda;
“spouse” means a husband or wife married in accordance with the laws
of Uganda or in accordance with the laws of another country and
recognised in Uganda as a valid marriage;

PART II—DOMICILE

3. Succession to deceased person’s immovable and movable property

(1) Succession to the immovable property in Uganda of a person

deceased is regulated by the law of Uganda, wherever that person may have
had his or her domicile at the time of his or her death.
Succession Act [Cap. 268. 9317
(2) Succession to the movable property of a person deceased is
regulated by the law of the country in which that person had his or her
domicile at the time of his or her death.

(3) For the purposes of subsection (2), a person dying intestate shall
be deemed to have had his or her domicile in Uganda if—
(a) for a period of not less than two years preceding his or her death
that person was ordinarily resident in Uganda; and
(b) he or she was survived by a spouse or child who was, at the time
of his or her death, ordinarily resident in Uganda.

4. Domicile iu respect of succession to movables

A person can have one domicile only for the purpose of succession to his or
her movable property.

5. Continuance of domicile of origin

The domicile of origin prevails until a new domicile has been acquired.

6. Acquisition of new domicile

A person acquires a new domicile by taking up his or her fixed habitation in a
country which is not that of his or her domicile of origin; except that a person
is not to be considered as having taken up his or her fixed habitation in
Uganda merely by reason of his or her residing there in the exercise of any
profession or calling.

7. Special mode of acquiring domicile in Uganda

A person may acquire a domicile in Uganda by making and depositing in

some office in Uganda to be appointed by the Attorney General 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.
9318 Cap. 268.] Succession Act
8. Domicile not acquired by residence as representative of 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.

9. Continuance of new domicile

A new domicile continues until the former domicile has been resumed or
another has been acquired.

10. Domicile of origin of child

(1) The domicile of a child follows the domicile of the parent of the
child or the guardian of the child from whom the child derives his or her
domicile of origin.

(2) Where the parents of a child have different domicile, the domicile
of the child shall follow the domicile of the parent who has custody of the
child.

11. Domicile of choice

(1) A person may upon marriage, acquire the domicile of his or her
spouse.

(2) A spouse may upon dissolution of a marriage or upon judicial

separation or any other separation recognised under the laws of Uganda,
acquire any other domicile.

12. Acquisition of new domicile by minor

Except as provided in section 13, a person cannot during minority acquire a

new domicile.
Succession Act [Cap. 268. 9319

13. Acquisition of new domicile by mentally impaired person

A mentally impaired person cannot acquire a new domicile in any other way
than by his or her domicile following the domicile of another person.

14. Succession to movable property in Uganda

Where a deceased leaves movable property in Uganda, succession to the

property shall, in the absence of proof of any domicile elsewhere, be regulated
by the laws of Uganda.

PART III—CONSANGUINITY

15. Kindred or consanguinity

Kindred or consanguinity is the connection or relation of persons descended

from the same stock or common ancestor.

16. Lineal consanguinity

(1) Lineal consanguinity is that which subsists between two persons,

one of whom is descended in a direct line from the other.

(2) For avoidance of doubt, every generation constitutes a degree,

either ascending or descending.

17. Collateral consanguinity

(1) Collateral consanguinity is that which subsists between two

persons who are descended from the same stock or ancestor, but neither of
whom is descended in a direct line from the other.

(2) For the purpose of ascertaining in what degree of kindred any

collateral relative stands to a person deceased, it is proper to reckon upwards
from the person deceased, to the common stock, and then downwards to the
collateral relative, allowing a degree for each person, both ascending and
descending.
9320 Cap. 268.] Succession Act
18. Persons held for purpose of succession to be similarly related to
deceased

For the purposes of succession, there is no distinction between—

(a) those who are related to the deceased by the full blood and those
who are related to the deceased by the half blood:
(b) those who are born during the deceased’s lifetime and those who
are conceived in the womb at the date of death and subsequently
born alive; or
(c) the male or female relatives of the deceased person.

19. Mode of computing degrees of kindred

(1) In the table of kindred in Schedule 2 to this Act. the degrees are
computed as far as the sixth, and are marked by numeral figures.

(2) The person whose relatives are to be reckoned and his or her
cousin-german or first cousin are. as shown in the table, related in the fourth
degree, there being one degree of ascent to the father or mother, and another
to the common ancestor, the grandfather or grandmother, and from him or her
one of descent to the uncle or aunt, and another to the cousin-german, making
in all four degrees.

(3) A grandson or granddaughter of the brother or sister and a son or

daughter of the uncle or aunt, that is, a great-nephew or great-niece and
cousin-german, are in equal degree, being each four degrees removed.

(4) A grandson or granddaughter of a cousin-german is in the same

degree as the grandson or granddaughter of a great-uncle or great-aunt, for
W C C C*

they are both in the sixth degree of kindred.

PART IV—INTESTACY

20. Property of deceased dying intestate

A person dies intestate in respect of all property which has not been disposed
of by a valid testamentary disposition.
Succession Act [Cap. 268. 9321
21. Devolution of property of deceased dying intestate

All 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 INTESTATE’S PROPERTY

22. Devolution of residential holdings

(1) The residential holding normally occupied by a person dying
intestate prior to his or her death as his or her principal residence or owned by
him or her as a principal residential holding, including the house chattels in
the principal residential holding, shall be held by his or her personal
representative upon trust for his or her spouse and lineal descendants subject
to the rights of occupation and terms and conditions set out in Schedule 3 to
this Act.

(2) Any other residential holding possessed by the intestate at his or

her death shall be held by his or her personal representative upon trust and,
subject to the rights of occupation and terms and conditions set out in
Schedule 3 to this Act, shall be dealt with in accordance with the remaining
provisions of this Part.

(3) Upon the death of a surviving spouse, the principal residential

holding and any other residential holding shall devolve to the lineal
descendants equally, who shall occupy it subject to terms and conditions set
out in Schedule 3 to this Act.

(4) A person who evicts or attempts to evict a surviving spouse or a

lineal descendant who is entitled to occupy the principal residential holding or
any other residential holding commits an offence and is liable, on conviction,
to a fine not exceeding one hundred sixty eight currency points or to
imprisonment for a term not exceeding seven years, or both.

(5) Where the principal residential holding or any other residential

holding devolves to the lineal descendants under subsection (3), the lineal
descendants shall be deemed to be entitled to the residential holding or any
other residential holding as tenants in common.
9322 Cap. 268.] Succession Act
(6) Any dispute arising as to the exact area of any portion of land
subject to this section or as to what person has the right to occupy the land or
any part of it shall be settled by the personal representative.

(7) Any person who is aggrieved by any decision of the personal

representative under subsection (3) may appeal from the decision to a court of
competent jurisdiction.

23. Distribution of property on death of intestate

(1) Subject to sections 25 and 26 the estate of an intestate, except for

his or her principal 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 or heiress—
(i) the spouse shall receive twenty percent:
(ii) the dependent relatives shall receive four percent;
(iii) the lineal descendants shall receive seventy-five percent;
and
(iv) the customary heir or heiress shall receive one percent, of
the whole of the property of the intestate;
(b) where the intestate leaves no surviving spouse or dependent
relative specified in paragraph (a)(i) or (ii) capable of taking a
proportion of his or her property—
(i) the lineal descendants shall receive ninety-nine percent;
and
(ii) the customary heir or heiress shall receive one percent, of
the whole of the property of the intestate;
(c) where the intestate is survived by a spouse, a dependent relative
and a customary hen or heiress but no lineal descendant—
(i) the spouse shall receive fifty percent;
(ii) the dependent relative shall receive forty-nine percent; and
(iii) the customary heir or heiress shall receive one percent, of
the whole of the property of the intestate;
(d) where the intestate is survived by a customary heir or heiress, a
spouse or a dependent relative but no lineal descendant—
(i) the customary heir or heiress shall receive one percent; and
(ii) the surviving spouse or the dependent relative, as the case
may be, shall receive ninety-nine percent,
of the whole of the property of the intestate;
Succession Act [Cap. 268. 9323
(e) where the intestate leaves no person surviving him or her other
than a customary hen or heiress capable of taking a proportion of
his or her property specified in paragraph (a), (b), (c) or (d), the
estate shall be divided equally between the relatives nearest in
kinship to the intestate.

(2) Notwithstanding 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
qualify 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 undertaking 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 in 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 subsection (2) do not

require all the twenty percent that is held in trust for then education,
maintenance and welfare, the balance of that percentage that is not required,
shall form part of the estate 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).
9324 Cap. 268.] Succession Act
(7) A spouse who remarries before the estate of the deceased is
distributed shall be entitled to the share he or she would be entitled to under
subsection (1).

(8) Where the customary hen or heiress is also a lineal descendant of

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

24. Distribution of property between members of same class

(1) All lineal descendants, spouses and dependent relatives of an

intestate shall share then proportion of a deceased intestate’s property referred
to in section 23( 1), in equal share.

(2) Where a lineal descendant entitled to benefit under the estate of a

deceased intestate predeceased the intestate person, the portion of the estate
that would have accrued to the deceased lineal descendant shall be granted to
the lineal descendant of the deceased lineal descendant, if any.

(3) A person aggrieved by the distribution of property under this

section may challenge the decision of the administrator or administratrix in a
court of competent jurisdiction.

25. Reservation of principal and other residential property

A spouse or lineal descendant of an intestate occupying a principal residential

property or any other residential property under section 22 shall not be
required to bring that occupation into account in assessing any share in the
property of an intestate to which the spouse, lineal descendant or child may be
entitled under section 23.

26. Separation of spouses

(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 intestate as a member of the same household.

(2) Subsection (1) shall not apply where—

(a) the surviving spouse has been absent on an approved course of study
in an educational institution:
Succession Act [Cap.268. 9325
(b) the intestate was, at the time of his or her death, the one who had
separated from the surviving spouse as a member of the same
household: or
(c) the intestate is the one who caused the separation.

(3) Notwithstanding subsection (1), a court may for good cause, on

application made within six months after the death of the intestate, by or on
behalf of a surviving spouse, declare that subsection (1) shall not apply to the
surviving spouse.

(4) The declaration made under subsection (3) shall authorise the
surviving spouse to take no more than—
(a) a proportion of the property of the intestate that he or she is
entitled to under section 23; or
(b) a proportion of the property that was acquired before the
surviving spouse separated from the intestate as a member of the
same household.

(5) For the avoidance of doubt, a child or lineal descendant born of

the surviving spouse and the intestate shall be entitled to benefit from the
estate of the intestate, notwithstanding the separation of the surviving spouse
from the intestate as a member of the same household.

27. Interest of State on default

(1) If, under sections 22,23,24,25 and 26, there is no person existing
or reasonably ascertainable entitled to take any part of the property of an
intestate, that part or the whole, as the case may be, shall belong to the State.

(2) If, at any time after such property or part of the property has been
made over to the State, a person entitled to take it as his or her share pursuant
to section 23 is ascertained, the Attorney General may return that property or
the proceeds of the property to that person in such manner as the Attorney
General may think fit.

28. Children’s advancement

Where 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 or her life, have paid, given or settled to, or for the
9326 Cap. 268.] Succession Act
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—WILLS .AND CODICILS

29. Persons capable of making wills

(1) Every person of sound mind and not a minor may by will dispose
of his or her property.

(2) A spouse may during the subsistence of a marriage hold property

in his or her name and may by will, dispose of such property.

(3) A person who has a hearing impairment, physical impairment,

speech impairment or visual impairment is capable of making a will if he or
she is able to do so.

(4) A person who ordinarily has a mental illness may make a will
during an interval in which he or she does not have the mental illness.

(5) No person can make a will while he or she is in such a state of

mind, whether arising from drunkenness or from illness or from any other
cause, that the person does not know what he or she is doing.

30. Maintenance of spouse, children, lineal descendants and dependent

relatives to be made in will

(1) A testator or testatrix shall make reasonable provision for the

maintenance of his or her spouse, child, lineal descendant who is suffering a
mental or physical disability and a dependent relative.

(2) Where a testator or testatrix is married or has children, the

residential holding normally occupied by that person as a principal residence
or owned by him or her as a principal residential holding and any other
residential holding possessed by that person, including the chattels in the
residential holding, shall not form part of the property to be disposed of in the
will and shall be held by his or her personal representative upon trust for his or
her spouses and lineal descendants subject to the rights of occupation and
terms and conditions set out in Schedule 3 to this Act.
Succession Act [Cap. 268. 9327
(3) Subsection (2) shall not apply where the testator or testatrix has
made reasonable provision for the accommodation of the surviving spouse,
lineal descendants or dependent relatives who are entitled to occupy his or her
residential holding.

(4) A person who evicts or attempts to evict a surviving spouse,

lineal descendant or dependent relative who is entitled to occupy the principal
residential holding or any other residential holding commits an offence and is
liable, on conviction, to a fine not exceeding one hundred sixty eight currency
points or to imprisonment for a term not exceeding seven years, or both.

(5) Where the principal residential holding or any other residential

holding devolves to the lineal descendants under this section, the lineal
descendants shall be deemed to be entitled to the principal residential holding
or any other residential holding as tenants in common.

(6) Section 31 shall apply where a testator or testatrix, by his or her

will, disposes of all his or her property without making reasonable provision
for the maintenance of his or her spouse, lineal descendant or dependent
relative.

31. Power of court to order maintenance

(1) Where a person dies domiciled in Uganda and by his or her will,
disposes of all his or her property without making reasonable provision for the
maintenance of his or her spouse, lineal descendant or dependent relative,
court may on application, order that such reasonable provision be made out of
the estate of the deceased person for the maintenance of the spouse, lineal
descendant or dependent relative.

(2) The provision for maintenance to be made by an order under

subsection (1) shall—
(a) where the estate of the deceased person produces an income by
way of periodical payments, provide for their termination not
later than—
(i) in case of a spouse, until he or she remarries;
(ii) in case of a child, until the child completes his or her
education or attains the age of twenty five years, whichever
first occurs;
9328 Cap. 268.] Succession Act

(iii) in the case of a lineal descendant who is, by reason of

mental or physical disability, incapable of maintaining
himself or herself, upon the cessation of the disability or
marriage of that lineal descendant whichever first occurs;
or
(iv) in the case of any other dependent relative, as the court may
determine; and
(b) where the estate of the deceased person does not produce any
income, authorise the spouse, lineal descendant or dependent
relatives to receive such share as he or she would be entitled to in
the distribution of the estate of an intestate under section 23.

(3) The court may, if it sees fit, make an order providing for
maintenance, in whole or in part, by way of a lump sum payment.

(4) In determining whether, and in what way, and as from what date,
provision for maintenance ought to be made by an order, the court shall have
regard to the nature of the property representing the deceased’s estate and
shall not order any provision to be made as would necessitate a realisation that
would be improvident having regard to the interests of the deceased’s spouse,
lineal descendant or dependent relatives and of the persons who, apart from
the order, would be entitled to that property.

(5) The court shall, on any application made under this section—
(a) have regard—
(i) to any past, present or future capital or income from any
source of the spouse, lineal descendant or dependent
relatives of the deceased to whom the application relates;
(ii) to the conduct of that spouse, lineal descendant or
dependent relatives in relation to the deceased and
otherwise; and
(iii) to any other matter or thing which in the circumstances of
the case the court may consider relevant or material in
relation to that spouse, lineal descendant or dependent
relatives, to persons interested in the estate of the deceased,
or otherwise;
(b) have regard to the deceased’s reasons, so far as ascertainable—
(i) for making the dispositions made by his or her will, if any;
(ii) for refraining from disposing by will of his or her estate; or
Succession Act [Cap. 268. 9329
(iii) for not making any provision, or any further provision, as
the case may be, for a spouse, lineal descendant or
dependent relatives,
and the court may accept such evidence of those reasons as it considers
sufficient, including any statement in writing signed by the deceased and
dated, so, however, that in estimating the weight, if any, to be attached to any
such statement the court shall have regard to all the circumstances from which
any inference can reasonably be drawn as to the accuracy or otherwise of the
statement.

32. Time within which application must be made

(1) Except as provided by section 35, an application under section 31

shall not, without the permission of the court, be made after the end of the
period of six months from the date on which representation in regard to the
estate of the deceased is first taken out: except that where letters of
administration are revoked and probate is granted, time begins to run from the
date of the grant of probate.

(2) Sections 31 and 35 shall not render the personal representatives of

the deceased liable for having distributed any part of the estate of the deceased
after the expiration of the period of six months on the ground that they ought
to have taken into account the possibility that the court might permit an
application under this Act after the end of that period, but this subsection shall
be without prejudice to any power to recover any part of the estate so
distributed arising by virtue of the making of an order under this Act.

33. Effect and form of order for maintenance

(1) Where an order is made under section 31, then, for all purposes,
the will shall have effect, and shall be deemed to have had effect, as from the
deceased’s death, subject to such variations as may be specified in the order
for the purpose of giving effect to the provision for maintenance made in the
order.

(2) Any order under section 31 providing for maintenance by way of

periodical payments may provide for payments of a specified amount, or for
payments equal to the whole or part of the income of the net estate or of the
income of any part to be set aside or appropriated under this Act of the
9330 Cap. 268.] Succession Act
net estate, or may provide for the amount of the payments or any of them to be
determined in any other way the court thinks fit.

(3) The court may give such consequential directions as it thinks fit
for the purpose of giving effect to an order made under this Act, but no larger
part of the net estate shall be set aside or appropriated to answer by its income
the provision for maintenance made by the order than such a part as, at the
date of the order, is sufficient to produce by its income the amount of the
provision.

34. Variation of orders

(1) On an application made at a date after the expiration of the period

specified in section 32(1), the court may make an order as provided in this
subsection, but only as respects property the income of which is at the date
applicable for the maintenance of a dependent of the deceased, that is to say—
(a) an order for varying the previous order on the ground that any
material fact was not disclosed to the court when the order was
made, or that any substantial change has taken place in the
circumstances of the dependent or of a person beneficially
interested in the property under the will; or
(b) an order for making provision for the maintenance of another
dependent of the deceased.

(2) An application to the court for an order under subsection (1 )(a)

may be made by or on behalf of a dependent of the deceased or by the trustees
of the property or by or on behalf of a person beneficially interested in the
property under the will.

35. Interim orders

(1) Where, on application for maintenance under this Act, it appears to

the court—
(a) that the applicant is in immediate need of financial assistance, but
it is not yet possible to determine what order, if any, should be
made on the application for the provision of maintenance for the
applicant; and
(b) that property forming part of the estate of the deceased is or can
be made available to meet the need of the applicant.
Succession Act [Cap. 268. 9331
the court may order that, subject to such conditions or restrictions, if any, as
the court may impose and to any further order of the court, there shall be paid
to or for the benefit of the applicant out of the deceased’s estate such sum or
sums and (if more than one) at such intervals as the court thinks reasonable.

(2) In determining what order should be made under this section, the
court shall, so far as the urgency of the case admits, take account of the same
considerations as would be relevant in determining what order should be
made on the application for the provision of maintenance for the applicant:
and any subsequent order for the provision of maintenance may provide that
sums paid to or for the benefit of the applicant by virtue of this section shall be
treated to such extent, if any, and in such manner as may be provided by that
order as having been paid on account of the maintenance provided for by that
order.

(3) Subject to subsection (2), section 33 shall apply in relation to an

order under this section as it applies in relation to an order providing for
maintenance.

(4) Where the deceased’s personal representative pays any sum

directed by an order under this section to be paid out of the deceased’s net
estate, he or she shall not be under any liability by reason of that estate not
being sufficient to make the payment, unless, at the time of making the
payment, he or she has reasonable cause to believe that the estate is not
sufficient.

36. Will obtained by fraud, undue influence, duress, coercion, mistake

of fact or abuse of position of trust or vulnerability

A will or any part of a will, the making of which has been obtained by fraud,
undue influence, duress, coercion, mistake of fact or by abuse of position of
trust or vulnerability, which takes away the free will of the testator or testatrix,
is void.

37. Will may be revoked or altered

»

A 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.
9332 Cap. 268.] Succession Act
38. Form of will

A testator or testatrix may, at his or her discretion, adopt for use the form of
the will set out in Schedule 4 to this Act.

PART VII—GUARDIANSHIP

39. Testamentary guardian

(1) A parent may by will appoint a guardian for his or her child during
minority.

(2) A parent shall not by will, deprive another parent of parental

rights, except where the parental rights where removed by court.

40. Statutory guardian

(1) Upon the death of either the father or the mother or both parents of
a minor, where no guardian has been appointed by the will of the father or
mother of the minor or if the guardian appointed by the will of either the
mother or father is dead or refuses to act the following persons shall, in the
following order of priority, be the guardian or guardians of the minor of the
deceased person—
(a) the father or mother of the deceased parent of the minor;
(b) the brothers and sisters of the deceased parent of the minor; and
(c) the brothers and sisters of the father or mother of the deceased
parent of the minor.

(2) Where there is no person willing or entitled to be a guardian under

subsection (1), the court may, on the application of any person interested in
the welfare of the minor, appoint a guardian.

(3) For avoidance of doubt, a person shall not be eligible for

appointment as a guardian under this section unless that person is a citizen of
Uganda.
Succession Act [Cap. 268. 9333
41. Customary guardian

(1) The family members of a minor may appoint a customary

guardian for the minor in accordance with the customs, culture and tradition
of the family, where—
(a) both parents of the minor are dead or cannot be found;
(b) the surviving parent of the minor is incapable of being a guardian
or is not eligible to be appointed as a guardian; or
(c) the minor has no guardian or other person having parental
responsibility over him or her.

(2) For the purpose of this section, “customary guardian” shall be a

Ugandan citizen, resident in Uganda and shall have parental responsibility of
the minor in accordance with the customs, culture or tradition of the family of
the minor.

42. Relationship between surviving parent and appointed guardian

(1) A guardian shall act jointly with the surviving parent of the minor
unless the court directs otherwise.

(2) A guardian of a minor may, by will, appoint another person as the

guardian of the minor upon his or her death.

(3) A person is eligible for appointment as a guardian under

subsection (2) if he or she is above eighteen years of age and is a citizen of
Uganda.

(4) A person appointed under subsection (2) shall, before taking up

the guardianship of the minor, apply to court and the court may confirm or
reject the guardianship.

(5) Where more than one guardian is appointed or each parent

appoints different guardians, the guardians appointed shall act jointly, after
the death of the last surviving parent.

(6) Where the surviving parent objects to joint guardianship, or

where the appointed guardian considers that the surviving parent is not fit to
act as a guardian of the minor, the guardian or the parent of the minor may
apply to court and court may—
9334 Cap. 268.] Succession Act
(a) reject the application and direct both the parent and guardian to
continue acting jointly; or
(b) order that the parent or guardian is not fit to act as a guardian and
appoint a relative of the minor or a person who is willing to act as
a guardian of the minor to act jointly with the parent or guardian
or both of them.

43. Power of court to remove guardian

(1) A person may apply to the High Court to remove a guardian

appointed under this Act.

(2) The court may only remove a guardian where court is satisfied
that—
(a) the guardian has failed, refused or neglected to act as guardian;
(b) the guardian has neglected his or her responsibilities as a
guardian;
(c) the guardian has not complied with the conditions of the
guardianship order;
(d) the guardianship order was obtained by fraud or
misrepresentation: or
(e) it is in the best interest of the minor to remove the guardian.

(3) The court shall, upon issuing an order for the removal of a
guardian, appoint another person to act as a guardian of the minor.

44. Powers and duties of guardian

(1) A guardian appointed under this Act shall be the personal

representative of the minor for purposes of managing the share of the minor in
the estate of a deceased person.

(2) A guardian shall apply to court to exercise any of the following

powers and duties—
(a) to have custody of the minor; or
(b) to dispose of the property of the minor.

(3) A guardian shall take all reasonable steps to safeguard the

property of the minor from loss or damage and shall annually account, in
respect of
Succession Act [Cap. 268. 9335
the property of the minor, to the surviving parent, court or custodian of the
minor or to any other person as the court may direct.

(4) A guardian who misappropriates the property of a minor commits

an offence and is liable, on conviction, to a fine not exceeding one hundred
fifty currency points or to imprisonment for a term not exceeding five years.

(5) A guardian who misappropriates the property of a minor shall, in

addition to the punishment in subsection (4), make good the loss occasioned
to the minor.

45. Termination of guardianship

(1) The guardianship of a minor shall automatically terminate upon

the occurrence of any of the following circumstances, whichever first
occurs—
(a) the death of the minor;
(b) the death of the guardian; or
(c) upon the minor attaining eighteen years of age.

(2) Where the guardianship of a minor terminates, all the property

which the guardian managed on behalf of the minor shall—
(a) in case of termination under subsection (l)(a), vest in the
surviving parent of the minor, if any or in the administrator or
administratrix of the estate of the deceased minor;
(b) in case of termination under subsection (l)(b), vest in the
surviving parent of the minor, if any, or the minor until a new
guardian is appointed for the minor; or
(c) in the case of termination under subsection (l)(c), vest in the
minor.

46. Application of Children Act to guardianship under this Act

(1) Part VIII of the Children Act shall apply to the grant, revocation
and exercise of the powers of a guardian appointed under this Act.

(2) Where a provision of this Act conflicts with a provision in the

Children Act in regard to the appointment, revocation or exercise of powers of
a guardian under this Act, the provisions of the Children Act shall apply.
9336 Cap. 268.] Succession Act
PART VIII—EXECUTION OF UNPRIVILEGED WILLS

47. Execution of unprivileged wills

(1) Except as provided by this Act or other law for the time being in
force, every testator or testatrix not being a member of the Defence 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—
(a) the testator or testatrix shall sign or affix his or her mark to the
will, or it shall be signed by some other person in his or her
presence and by his or her direction:
(b) the signature or mark of the testator or testatrix or the signature of
the person signing for him or her shall be so placed that it shall
appear that it was intended thereby to give effect to the writing as
a will;
(c) the will shall be attested by two or more witnesses, each of whom
must have seen the testator or testatrix sign or affix his or her
mark to the will, or have seen some other person sign the will in
the presence and by the direction of the testator or testatrix, or
have received from the testator or testatrix a personal
acknowledgment of his or her signature or mark, or of the
signature of that other person: and each of the witnesses must in
the presence of the testator or testatrix, sign and write his or her
name and address on every page of the will except that it shall not
be necessary that more than one witness be present at the same
time.

(2) Where a person attesting a will does not write his or her name or
address on a page of a will as required in subsection (1 )(c), the will shall be
valid except that the page of the will which does not bear the name or address
of the witness shall, unless otherwise directed by court, be void.

48. Incorporation of papers by reference

If a testator or testatrix, 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.
Succession Act [Cap. 268. 9337
PART IX—PRIVILEGED WILLS

49. Privileged wills

Any member of the Defence 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”.

50. Mode of making privileged wills

(1) Privileged wills may be in writing or may be made by word of

mouth.

(2) The execution of a privileged will shall be governed by the

following provisions—
(a) the will may be written wholly by the testator or testatrix with his
or her own hand, and in that case it need not be signed nor
attested;
(b) the will may be written wholly or in part by another person, and
signed by the testator or testatrix, and in that case it need not be
attested;
(c) if the instalment purporting to be a will is written wholly or in part
by another person, and is not signed by the testator or testatrix, it
shall be considered to be his or her will if it is shown that it was
written by the directions of the testator or testatrix, or that he or
she recognised it as his or her will; but if it appears on the face of
the instrument that the execution of it in the manner intended by
the testator or testatrix was not completed, the instrument shall
not, by reason of that circumstance, be invalid, if his or her non-
execution of it can be reasonably ascribed to some cause other
than the abandonment of the testamentary intentions expressed in
the instrument;
(d) if the testator or testatrix has written instructions for the
preparation of his or her will, but has died before it could be
prepared and executed, such instructions shall be considered to
constitute his or her will;
(e) if the testator or testatrix has, in the presence of two witnesses,
given verbal instructions for the preparation of his or her will, and
they have been reduced into writing in his or her lifetime, but
9338 Cap. 268.] Succession Act
he or she has died before the instrument could be prepared and
executed, such instructions shall be considered to constitute his or
her will, although they may not have been reduced into writing in
his or her presence, nor read over to him or her;
(f) a testator or testatrix may make a will by word of mouth by
declaring his or her intentions before two witnesses present at the
same time;
(g) a will made by word of mouth shall be null at the expiration of one
month after the testator or testatrix has ceased to be entitled to
make a privileged will.

PART X—ATTESTATION, REVOCATION, ALTERATION AND

REVIVAL OF WILLS

51. Effect of gift to attesting witnesses

(1) A will shall not be considered as insufficiently attested by reason

of any benefit given by the will, either by way of bequest or by way of
appointment, to any person attesting it, or to his or her spouse, but the bequest
or appointment shall be void so far as concerns the person so attesting, or the
spouse of that person, or any person claiming under either of them.

(2) A legatee under a will shall not lose his or her legacy by attesting
a codicil which confirms the will.

52. Witness not disqualified by interest or by being executor or

executrix

(1) A person shall not by reason of interest in, or by his or her being
an executor or executrix of a will be disqualified as a witness to prove the
execution of a will or to prove the validity or invalidity of a will.

(2) Except in the case of an advocate, a person referred to in

subsection (1) shall not participate in writing or preparing the will.

53. Revocation of will by marriage of testator or testatrix

(1) Every will shall be revoked by the marriage of the maker, except a
will made in exercise of a power of appointment, when the property over
which the power of appointment is exercised would not, in default of the
Succession Act [Cap. 268. 9339
appointment, pass to his or her executor or executrix or administrator or
administratrix or to the person entitled in case of intestacy.

(2) Where a person is invested with power to determine the disposition

of property of which he or she is not the owner, he or she is said to have power
to appoint that property.

54. Revocation of unprivileged will or codicil

No unprivileged will or codicil, or 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 testatrix, or by some person in his or her presence and
by his or her direction, with the intention of revoking it.

55. Effect of alteration in unprivileged will

No 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 or testatrix 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.

56. Revocation of privileged will or codicil

(1) A privileged will or codicil may be revoked by the testator or

testatrix, by an unprivileged will or codicil, or by any act expressing an
intention to revoke it, and accompanied with such formalities as would be
sufficient to give validity to a privileged will, or by the burning, tearing or
otherwise destroying of the privileged will or codicil by the testator or
testatrix, or by some person in his or her presence, and by his or her direction,
with the intention of revoking it.
9340 Cap. 268.] Succession Act
(2) In order to effect the revocation of a privileged will or codicil by an
act accompanied with such formalities as would be sufficient to give validity
to a privileged will, it is not necessary that the testator or testatrix should, at
the time of doing that act, be in a situation which entitles him or her to make a
privileged will.

57. Revival of unprivileged will

(1) No unprivileged will or codicil, or any part thereof, which has

been in any manner revoked, shall be revived otherwise than by the re-
execution of the unprivileged will or codicil, or by a codicil executed in the
manner hereinbefore required, and showing an intention to revive it.

(2) When any will or codicil which has been partly revoked, and
afterwards wholly revoked, is revived, the revival shall not extend to so much
of it as was revoked before the revocation of the whole thereof, unless an
intention to the contrary shall be shown by the will or codicil.

PART XI—CONSTRUCTION OF WILLS

58. Wording of w ill

It 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
or testatrix can be known from the wording.

59. Inquiries to determine questions as to object or subject of w ill

For 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 or testatrix 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 or testatrix has used.
Succession Act [Cap.268. 9341

60. Misnomer or misdescription of object

(1) Where the words used in the will to designate or describe a

legatee, or a class of legatees, sufficiently show what is meant, an error in the
name or description shall not prevent the legacy from taking effect.

(2) A mistake in the name of a legatee may be corrected by a

description of him or her, and a mistake in the description of a legatee may be
corrected by the name.

61. When words may be supplied

Where any word material to the foil expression of the meaning has been
omitted, it may be supplied by the context.

62. Rejection of erroneous particulars in description of subject

If the thing which the testator or testatrix 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.

63. When part of description may not be rejected as erroneous

(1) If the will mentions several circumstances as descriptive of the

thing which the testator or testatrix intends to bequeath, and there is any
property of his or hers in respect of which all those circumstances exist, the
bequest shall be considered as limited to that property, and it shall not be
lawful to reject any part of the description as erroneous, because the testator
or testatrix had other property to which such part of the description does not
apply.
(2) In judging whether a case falls within the meaning of this section,
any words which would be liable to rejection under section 62 are to be
considered as struck out of the will.

64. Extrinsic evidence admissible in case of latent ambiguity

Where 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
9342 Cap. 268.] Succession Act
intended by the testator or testatrix, extrinsic evidence may be taken to show
which of these applications was intended.

65. Extrinsic evidence inadmissible in case of patent ambiguity or

deficiency »

Where there is an ambiguity or deficiency on the face of the will, no extrinsic

evidence as to the intentions of the testator or testatrix shall be admitted.

66. Meaning of clause to be collected from entire will

The 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.

67. When words may be understood in restricted sense, and when in sense
wider than usual

General words may be understood in a restricted sense where it may be

collected from the will that the testator or testatrix 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 or testatrix meant to use them in the wider sense.

68. Which of two possible constructions preferred

Where 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.

69. No part rejected if reasonable construction possible

No part of a will is to be rejected as destitute of meaning if it is possible to put

a reasonable construction upon it.

70. Interpretation of words repeated in different parts of will

If 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.
Succession Act [Cap. 268. 9343

71. Intention of testator or testatrix to be effected as far as possible

The intention of the testator or testatrix 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.

72. Last of two inconsistent clauses prevails

Where two clauses or gifts in a will are irreconcilable, so that they cannot
possibly stand together, the last shall prevail.

73. Will or bequest void for uncertainty

A will or bequest not expressive of any definite intention is void for

uncertainty.

74. Words describing subject refer to property answering description at

death of testator or testatrix

The 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 or testatrix.

75. Power of appointment executed by general bequest

Unless a contrary intention appears by the will, a bequest of the estate of the
testator or testatrix 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.

76. Implied gift to objects of power iu default of appointment

Where 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
9344 Cap. 268.] Succession Act
the will is not exercised the property belongs to all the objects of the power in
equal shares.

77. Bequest to “heirs”, etc. of particular person without qualifying terms

Where 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.

78. Bequest to “representatives”, etc. of particular person

Where a bequest is made to the “representatives” or “legal representatives” or

“personal representatives” or “executors or executrixes or administrators or
administratrices” 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.

79. Bequest without words of limitation

Where property is bequeathed to any person, he or she is entitled to the whole

interest of the testator or testatrix in the property, unless it appears from the
will that only a restricted interest was intended for him or her.

80. Bequest in alternative

Where 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.
Succession Act [Cap.268. 9345
81. Effect of words describing class added to bequest to person

Where 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 or testatrix in the property, unless a contrary intention appears by
the will.

82. Bequest to class of persons under general description only

Where 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.

83. Construction of terms

(1) In a will—
“child” applies only to a son or daughter of a deceased person;
“grandchild” applies only to the child of the lineal descendant;
“descendants” applies to all lineal descendants of the person whose
descendants are spoken of; and
“nephew” and “niece” apply only to a child of a brother or a sister.

(2) Words in a will expressive of a relationship shall be taken to

include—
(a) a person who is related to the deceased by full blood or half-
blood;
(b) a person born during the lifetime of the deceased person and one
who is already conceived in the womb on the date of death of the
deceased person and subsequently born alive; and
(c) male and female relatives of the deceased person.

84. Construction where will purports to make two bequests to same person

(1) Where a will purports to make two bequests to the same person, and
a question arises whether the testator or testatrix intended to make the second
bequest instead of, or in addition to, the first, if there is nothing in the will to
show what he or she intended, the following provisions shall prevail in
determining the construction to be put upon the will—
9346 Cap. 268.] Succession Act
(a) if the same specific thing is bequeathed twice to the same legatee
in the same will, or in the will and again in a codicil, he or she is
entitled to receive that specific thing only;
(b) where one and the same will or one and the same codicil purports
to make, in two places, a bequest to the same person of the same
quantity or amount of anything, he or she shall be entitled to one
such legacy only;
(c) where two legacies of unequal amount are given to the same
person in the same will or in the same codicil, the legatee is
entitled to both such legacies;
(d) where two legacies, whether equal or unequal in amount, are
given to the same legatee, one by a will, and the other by a
codicil, or each by a different codicil, the legatee is entitled to
both such legacies.

(2) In subsection (l)(a), (b), (c) and (d), “will” does not include a
codicil.

85. Constitution of residuary legatee

v 9

A residuary legatee may be constituted by any words that show an intention

on the part of the testator or testatrix that the person designated shall take the
surplus or residue of his or her property.

86. Property to which residuary legatee entitled

Under a residuary bequest, the legatee is entitled to all property belonging to

the testator or testatrix 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.

87. Time of vesting of legacy in general terms

If 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 or testatrix, and if he or she dies without having received it, it shall
pass to his or her representatives.
Succession Act [Cap. 268. 9347
88. In what case legacy lapses

(1) If the legatee does not survive the testator or testatrix, the legacy
cannot take effect, but shall lapse and form part of the residue of the property
of the testator or testatrix, unless it appears by the will that the testator or
testatrix intended that it should go to some other person.

(2) In order to entitle the representatives of the legatee to receive the

legacy, it must be proved that he or she survived the testator or testatrix.

89. One of two joint legatees (lying before testator or testatrix

If a legacy is given to two persons jointly, and one of them dies before the
testator or testatrix, the other legatee takes the whole.

90. Words showing intention of testator or testatrix to give distinct shares

Where a legacy is given to legatees in words which show that the testator or
testatrix intended to give them distinct shares of it, then, if any legatee dies
before the testator or testatrix, so much of the legacy as was intended for him
or her shall fall into the residue of the property of the testator or testatrix.

91. Lapsed share

Where the share that lapses is a part of the general residue bequeathed by the
will, that share shall go as undisposed of.

92. When bequest to child or lineal descendant of testator or testatrix does

not lapse on his or her death in lifetime of testator or testatrix

Where a bequest has been made to any child or other lineal descendant of the
testator or testatrix, and the legatee dies in the lifetime of the testator or
testatrix, but any lineal descendant of his or hers survives the testator or
testatrix, 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 or testatrix,
unless a contrary intention appears by the will.
9348 Cap. 268.] Succession Act
93. Bequest to legatee for benefit of another does not lapse by legatee’s
death

Where a bequest is made to one person for the benefit of another, the legacy
does not lapse by the death, in the lifetime of the testator or testatrix, of the
person to whom the bequest is made.

94. Survivorship in case of bequest to described class

Where 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 death of the
testator or testatrix: 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 or testatrix 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 or
testatrix.
PART XII—VOID BEQUESTS

95. Bequest to person who is not in existence at death of testator or testatrix

Where a bequest is made to a person by a particular description, and there is

no person in existence at the death of the testator or testatrix 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 or testatrix 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
testatrix, 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.

96. Bequest to person not in existence at death of testator or testatrix,

subject to prior bequest

Where a bequest is made to a person not in existence at the time of the death of
the testator or testatrix subject to a prior bequest contained in the will, the
Succession Act [Cap.268. 9349
later bequest shall be void, unless it comprises the whole of the remaining
interest of the testator or testatrix in the thing bequeathed.

97. Rule against perpetuity

No 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 death of the
testator or testatrix, 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 tiling
bequeathed is to belong.

98. Bequest to class, some of whom may come under section 96 or 97

If a bequest is made to a class of persons, with regard to some of whom it is

inoperative by reason of sections 96 and 97 or either of them, the bequest shall
be wholly void.

99. Bequest to take effect on failure of bequest void under section 96, 97 or
98

Where a bequest is void by reason of any of the provisions of section 96,97 or

98, any bequest contained in the same will and intended to take effect after or
upon failure of such prior bequest is also void.

100. Effect of direction for accumulation

A 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 or testatrix, the direction
shall be valid in respect only of the income arising from the property within
one year next following the death of the testator or testatrix, 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.

101. Bequest to religious or charitable causes

A person having a nephew or niece or any nearer relative shall not have power
to bequeath any property to religious or charitable uses except by
9350 Cap. 268.] Succession Act
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

102. Vesting of legacy when payment or possession postponed

(1) Where, by the terms of a bequest, the legatee is not entitled to

immediate possession of the thing bequeathed, right to receive it at the proper
time shall, unless a contrary intention appears by the will, become vested in
the legatee on the death of the testator or testatrix, and shall pass to the
legatee’s representatives if he or she dies before that time and without having
received the legacy; and in such cases the legacy is, from the death of the
testator or testatrix, said to be vested in interest.

(2) An intention that a legacy to any person shall not become vested
in interest in him or her is not to be inferred merely from a provision by which
the payment or possession of the thing bequeathed is postponed, or by which a
prior interest in the legacy is bequeathed to some other person, or by which
the income arising from the fund bequeathed is directed to be accumulated
until the time of payment arrives, or from a provision that, if a particular event
shall happen, the legacy shall go over to another person.

103. Vesting when legacy contingent upon specified uncertain event

(1) A legacy bequeathed in case a specified uncertain event shall

happen does not vest until that event happens.

(2) A legacy bequeathed in case a specified uncertain event shall not

happen does not vest until the happening of that event becomes impossible.

(3) In either case, until the condition has been fulfilled, the interest of
the legatee is called contingent.

(4) Notwithstanding subsections (1) and (2), where a fund is

bequeathed to any person upon his or her attaining a particular age, and the
will also gives to him or her absolutely the income to arise from the fund
before he or she reaches that age, or directs the income, or so much of it as
Succession Act [Cap. 268. 9351
may be necessary, to be applied for his or her benefit, the bequest of the fund
is not contingent.

104. Vesting of bequest to members of class attaining particular age

Where 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

105. Onerous bequest

Where a bequest imposes an obligation on the legatee, he or she can take

nothing by it unless he or she accepts it fully.

106. One of two separate and independent bequests to same person may be
accepted

Where 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

107. Bequest contingent upon specified uncertain event

Where 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.

108. Bequest to persons surviving at some period not specified

Where 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.
9352 Cap. 268.] Succession Act
PART XVI—CONDITIONAL BEQUESTS

109. Bequest upon impossible condition

A bequest upon an impossible condition is void.

110. Bequest upon illegal, etc. condition

A bequest upon a condition the fulfilment of which would be contrary to law
or to morality is void.

111. Fulfilment of condition precedent to vesting of legacy

Where a will imposes a condition to be fulfilled before the legatee can take a
vested interest in the tiling bequeathed, the condition shall be considered to
have been fulfilled if it has been substantially complied with.

112. Bequest to one person and, on failure of prior bequest, to another

Where 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 or testatrix.

113. When second bequest not to take effect on failure of first

Where 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.

114. Bequest over, conditional upon happening of specified uncertain event

(1) A bequest may be made to any person with the condition

superadded that, in case a specified uncertain event shall happen, the thing
bequeathed shall go to another person, or that in case a specified uncertain
event shall not happen, the thing bequeathed shall go over to another person.

(2) In each case the ulterior bequest is subject to sections 103, 104,
105, 106,107, 108, 109, 110, 111 and 112.
Succession Act [Cap. 268. 9353

115. Condition must be strictly fulfilled

An ulterior bequest of the kind contemplated by section 114 cannot take effect
unless the condition is strictly fulfilled.

116. Original bequest not affected by invalidity of second

If the ulterior bequest is not valid, the original bequest is not affected by it.

117. Bequest conditioned that it shall cease to have effect in certain cases
A 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.

118. Condition must not be invalid under section 103

In 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 103.

119. Result of legatee rendering impossible or indefinitely postponing act for

which no time specified

Where 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.

120. Performance of condition, precedent or subsequent

Where 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 non-fulfilment 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.
9354 Cap. 268.] Succession Act
PART XVII—BEQUESTS WITH DIRECTIONS AS TO
.APPLICATION OR ENJOYMENT

121. Direction that fund be employed in particular manner

Where 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.

122. Direction that mode of enjoyment of absolute bequest is to be restricted

Where a testator or testatrix 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.

123. Bequest of fund for certain purposes, some of which cannot be fulfilled

Where a testator or testatrix 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 or testatrix.

PART XVIII—BEQUESTS TO AN EXECUTOR OR EXECUTRIX

124. Legacy to executor or executrix

If a legacy is bequeathed to a person who is named an executor or executrix 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 or executrix.
Succession Act [Cap. 268. 9355
PART XIX—SPECIFIC LEGACIES

125. Specific legacy defined

Where a testator or testatrix 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.

126. Bequest of sum certain where stocks, etc. in which invested are
described

Where 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.

127. Bequest of stock where testator or testatrix had equal or greater amount
of stock of same kind

Where 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 or testatrix 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.

128. Bequest of money where payment postponed in certain way

A money legacy is not specific merely because the will directs its payment to
be postponed until some part of the property of the testator or testatrix shall
have been reduced to a certain form, or remitted to a certain place.

129. When enumerated articles not deemed specifically bequeathed

Where a will contains a bequest of the residue of the property of the testator or
testatrix along with an enumeration of some items of property not previously
bequeathed, the articles enumerated shall not be deemed to be specifically
bequeathed.

130. Retention of specific bequest to several persons in succession

Where property is specifically bequeathed to two or more persons in

succession, it shall be retained in the form in which the testator or testatrix left
it, although it may be of such a nature that its value is continually decreasing.
9356 Cap. 268.] Succession Act
131. Sale and investment of proceeds of property bequeathed to two or more
persons in succession

Where 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.

132. Non-abatement of specific legacies

If 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

133. Demonstrative legacies

(1) Where a testator or testatrix bequeaths a certain sum of money or

a certain quantity of any other commodity, and refers to a particular fund or
stock so as to constitute that fund or stock the primary fund or stock out of
which payment is to be made, the legacy is said to be demonstrative.

(2) The distinction between a specific legacy and a demonstrative

legacy is that—
(a) where specified property is given to the legatee, the legacy is
specific; and
(b) where the legacy is directed to be paid out of a specified property,
it is demonstrative.

134. Order of payment when legacy directed to be paid out of fund

specifically bequeathed

Where 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 or testatrix.
Succession Act [Cap. 268. 9357

PART XXI—ADEMPTION OF LEGACIES

135. Ademption defined

If anything which has been specifically bequeathed does not belong to the
testator or testatrix 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.

136. Non-ademption of demonstrative legacy

A 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
testatrix 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 or testatrix.

137. Ademption of specific bequest of light to receive something from third

party

Where the thing specifically bequeathed is the right to receive something of

value front a third party and the testator or testatrix himself or herself receives
it, the bequest is adeemed.

138. Ademption pro tanto by testator’s or testatrix’s receipt of part of

entire thing specifically bequeathed

The receipt by the testator or testatrix 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.

139. Ademption pro tanto by testator’s or testatrix’s receipt of portion of

entire fund or stock of which portion has been specifically bequeathed

If a portion of an entire fund or stock is specifically bequeathed, the receipt by

the testator or testatrix 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.
9358 Cap. 268.] Successio}! Act

140. 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 legacies

Where 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 or testatrix 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 or testatrix.

141. Ademption where stock, specifically bequeathed, does not exist

Where stock which has been specifically bequeathed does not exist at the
death of the testator or testatrix, the legacy is adeemed.

142. Ademption pro tanto where stock, specifically bequeathed, exists in

part only

Where stock which has been specifically bequeathed exists only in part at the
death of the testator or testatrix, the legacy is adeemed so far as regards that
part of the stock which has ceased to exist.

143. Non-ademption of bequest of goods described as connected with certain

place

A 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 or testatrix.

144. When removal of thing bequeathed does not constitute ademption

The 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 or testatrix
meant to bequeath.
Succession Act [Cap. 268. 9359

145. When thing bequeathed is valuable to be received by testator or

testatrix from third person and testator or testatrix or his or her
representative receives it

Where 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 or testatrix himself or herself or
by his or her representatives, the receipt of the sum of money or other
commodity by the testator or testatrix 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.

146. Change by operation of law of subject of specific bequest between date

of will and death of testator or testatrix

Where a thing specifically bequeathed undergoes a change between the date

of the will and the death of the testator or testatrix, 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.

147. Change without knowledge of testator or testatrix

Where a thing specifically bequeathed undergoes a change between the date

of the will and the death of the testator or testatrix, and the change takes place
without the knowledge or sanction of the testator or testatrix, the legacy is not
adeemed.

148. Stock specifically bequeathed lent to third party

Where 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.

149. Stock specifically bequeathed sold but replaced

Where stock specifically bequeathed is sold, and an equal quantity of the

same stock is afterwards purchased, and belongs to the testator or testatrix at
his or her death, the legacy is not adeemed.
9360 Cap. 268.] Successio}! Act

PART XXII—PAYMENT OF LIABILITIES IN RESPECT OF

SUBJECT OF BEQUEST

150. Non liability of executor or executrix to exonerate specific legatees

(1) Where property specifically bequeathed is subject, at the death of

the testator or testatrix, to any pledge, lien or encumbrance, created by the
testator or testatrix himself or herself, or by any person under whom he or she
claims, then, unless a contrary intention appears by the will, the legatee, if he
or she accepts the bequest, shall accept it subject to such pledge or
encumbrance, and shall, as between himself or herself and the estate of the
testator or testatrix, be liable to make good the amount of the pledge or
encumbrance.

(2) A contrary intention shall not be inferred from any direction

which the will may contain for the payment of the debts of the testator or
testatrix generally.

(3) A periodical payment in the nature of land revenue or in the nature

of rent is not such an encumbrance as is contemplated by this section.

151. Completion of title of testator or testatrix

Where anything is to be done to complete the title of the testator or testatrix to

the thing bequeathed, it is to be done at the cost of the estate of the testator or
testatrix.

152. Immovable property for which l ent payable periodically

Where 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 or testatrix 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.

153. Stock iu joint stock company

In 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 or testatrix at the time of his or her death in respect of the stock, the
Succession Act [Cap. 268. 9361

call or payment shall, as between the estate of the testator or testatrix and the
legatee, be borne by the estate; but, if any call or other payment shall, after the
death of the testator or testatrix, become due in respect of the stock, the call or
payment shall, as between the estate of the testator or testatrix and the legatee,
be borne by the legatee if he or she accepts the bequest.

PART XXIII—BEQUEST OF THINGS DESCRIBED IN GENERAL

TERMS

154. Bequest of tilings iu general terms

If there is a bequest of something described in general terms, the executor or

executrix must purchase for the legatee what may reasonably be considered to
answer the description.

PART XXIV—BEQUEST OF INTEREST OR PRODUCE OF FUND

155. Bequest of interest or produce of fund

Where 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—BEQUEST OF ANNUITIES

156. Annuity created bv will payable for life only

Where 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.

157. 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
9362 Cap. 268.] Successio}! Act

the death of the testator or testatrix 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.

158. Abatement of annuity %

Where an annuity is bequeathed, but the assets of the testator or testatrix 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.

159. Gift of annuity and residuary gift

Where 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 estate of the testator or testatrix
shall be applied for that purpose.

PART XXVI—LEGACIES TO CREDITORS AND PORTIONERS

160. Legacy to creditor

Where 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.

161. Child prima facie entitled to legacy as well as portion

Where 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.

162. No ademption by subsequent provision for legatee

A bequest shall not be wholly or partially adeemed by a subsequent provision

made by settlement or otherwise for the legatee.
Succession Act [Cap. 268. 9363

PART XXVII—ELECTION

163. Circumstances in which election takes place

Where 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 tiling 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.

164. Devolution of interest relinquished by owner

An interest relinquished under section 163 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.

165. Belief of testator or testatrix as to his or her ownership immaterial

Sections 162 and 164 shall apply whether the testator or testatrix 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.

166. Bequest for person’s benefit

A bequest for the benefit of a person is, for the purpose of election, the same
tiling as a bequest made to him or her.

167. Benefit derived indirectly

A person taking no benefit directly under a will, but deriving a benefit under it
indirectly, is not put to his or her election.

168. Person taking iu individual capacity under will may, iu other character,
elect to take iu opposition

A 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.
9364 Cap. 268.] Successio}! Act

169. Exception to preceding sections

Notwithstanding sections 163,164,165,166,167 and 168, 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.

170. When acceptance of benefit given by will constitutes election to take

under w ill

Acceptance 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 person in making an election, or if he or she waives inquiry into
the circumstances.

171. Presumption arising from enjoyment by legatee for two years

For the purposes of section 170, knowledge or waiver of inquiiy 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.

172. Confirmation of bequest by act of legatee

For the purposes of section 170, knowledge or waiver of inquiry may be

inferred fiom 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.

173. When legatee may be called upon to elect

If a legatee does not, within one year after the death of the testator or testatrix,
signify to the representatives of the testator or testatrix 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.
Succession Act [Cap. 268. 9365

174. Postponement of election in case of disability

In 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

175. Property transferable by gift made in contemplation of death

(1) Subject to sections 22, 25 and 30(2), a person may dispose, by gift
made in contemplation of death, any movable property which he or she could
dispose of by will.

(2) A gift is said to be made in contemplation of death where a person

who is ill and expects to die shortly of his or her illness delivers to another
person the possession of any movable property to keep as a gift in case the
donor dies.

(3) A gift made in contemplation of death may within six months of

recovery of the donor, be repossessed by the donor.

(4) Notwithstanding subsection (1), every donation of a gift made

under this section, the value of which exceeds twenty-five currency points,
shall be in writing.

PART XXIX—GRANT OF PROBATE AND LETTERS OF

ADMINISTRATION

176. Character and property of executor or executrix or administrator or

administratrix

The executor or executrix or administrator or administratrix, 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.

177. Administration with copy annexed of authenticated copy of will proved

abroad

When 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
9366 Cap. 268.] Successio}! Act

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.

178. Probate only to appointed executor or executrix

Probate can be granted only to an executor or executrix appointed by the will.

179. Appointment of executor or executrix

(1) The appointment of an executor or executrix may be express or by
necessary implication.

(2) Where a testator is survived by a child only and does not expressly
appoint an executor or executrix but appoints a guardian for the child, the
guardian so appointed shall be the executor or executrix of the will of the
deceased person.

180. Persons to whom probate cannot be granted

(1) Probate shall not be granted to any person who is a minor or who
has a mental illness.

(2) Notwithstanding anything in this Act, court shall have the

discretion to determine whether a person who is otherwise qualified to be
granted probate, is fit and proper and court may defer the appointment of an
executor or executrix to a later date or refuse to grant probate where an
applicant is not fit and proper.

181. Grant of probate to several executors or executrixes

When several executors or executrixes are appointed, probate may be granted

to them all simultaneously, or at different times.

182. Probate of codicil discovered after grant of probate

If a codicil is discovered after the grant of probate, a separate probate of that

codicil may be granted to the executor or executrix, if it in no way revokes the
appointment of executors or executrixes made by the will; but if different
executors or executrixes 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.
Succession Act [Cap. 268. 9367

183. Surviving executor or executrix

When probate has been granted to several executors or executrixes, and one of
them dies, the entire representation of the testator or testatrix accrues to the
surviving executor or executrix or executors or executrixes.

184. Right as executor or executrix or legatee, when established

No right as executor or executrix 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 177.

185. Effect of probate

Probate of a will when granted establishes the will from the death of the
testator, and renders valid ah intermediate acts of the executor or executrix, as
such.

186. To whom admiuistratiou may uot be granted

(1) Letters of administration shah not be granted to any person who is

a minor or who has a mental illness.

(2) Notwithstanding anything in this Act, court shah have the

discretion to determine whether a person who is otherwise qualified to
administer an estate under this Act, is fit and proper to do so and the court may
defer the appointment of an administrator or administratrix to a later date or
refuse to grant letters of administration where an applicant is not suitable.

187. Right to intestate’s property, when established

Except as provided in this section, but subj ect 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.
9368 Cap. 268.] Successio}! Act

188. Effect of letters of administration

Letters of administration entitle the administrator or administratrix to all

rights belonging to the intestate as effectually as if the administration has been
granted at the moment after his or her death.

189. Acts not validated bv administration

Letters of administration do not render valid any intermediate acts of the

administrator or administratrix tending to the diminution or damage of the
intestate’s estate.

190. Grant of administration where executor or executrix has not renounced

(1) When a person appointed an executor or executrix has not

renounced the executorship, letters of administration shall not be granted to
any other person until a citation has been issued, calling upon the executor or
executrix to accept or renounce his or her executorship.

(2) When one or more of several executors or executrixes have

proved a will, the court may, on the death of the survivor of those who have
proved, grant letters of administration without citing those who have not
proved.

191. Form and effect of renunciation

A 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 or
executrix.

192. Procedure where executor or executrix renounces or fails to accept

within time limited

If an executor or executrix 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.
Succession Act [Cap. 268. 9369

193. Grant of administration to universal or residuary legatee

Subject to section 4 of the Administrator General’s Act, when the deceased

has made a will—
(a) but has not appointed an executor or executrix:
(b) when he or she has appointed an executor or executrix who is
legally incapable, or refuses to act, or has died before the testator
or testatrix, or before he or she has proved the will; or
(c) when the executor or executrix dies after having proved the will,
but before he or she has administered all the estate of the
deceased,
a universal or a residuary legatee may be admitted to prove the will, and
letters of administration with the will annexed may be granted to him or her of
the whole estate, or of so much of the estate as may be unadministered.

194. Administration by representative of deceased residuary legatee

When a residuarv legatee who has a beneficial interest survives the testator or
testatrix, 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.

195. Grant of administration where no executor or executrix nor residuary

legatee, nor representative of such legatee

When there is no executor or executrix, 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.

196. Citation before grant of administration to legatee other than universal

or residuarv V

Letters of administration with the will annexed shall not be granted to any
legatee other than a universal or a residuary legatee, until a citation calling on
the spouse and lineal descendants of the deceased person to accept or refuse
letters of administration has been issued and published.
9370 Cap. 268.] Successio}! Act

197. Ol der in which connections entitled to administer

When 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.

198. Entitlement to administration

Subject to section 4 of the Administrator General’s Act and section 199 of this
Act, administration shall be granted to the person entitled to the greatest
proportion of the estate under section 23.

199. Surviving spouse to have priority to administer estate of deceased

spouse

(1) The surviving spouse shall have preference over any other person
in the administration of the estate of a deceased intestate.

(2) The preference of the surviving spouse under subsection (1) may
be disregarded by the Administrator General under section 4 of the
Administrator General’s Act where—
(a) the Administrator General determines that 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, that court grants the administration of the estate to
another person.

200. Citation of persons entitled in priority to administer

Administration shall not be granted to any relative if there is some other

relative or an appointed customary heir or heiress 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 or heiress to
accept or refuse letters of administration.
Succession Act [Cap. 268. 9371

201. Entitlement between members of same class

Where two or more persons are entitled to the same proportion of the estate,
they shall be equally entitled to administration, and a grant may be made to
one or some of them jointly after a citation has been issued and published in
the manner prescribed in this Act.

202. Title of kindred to administration

Those who stand in equal degree of kindred to the deceased are equally
entitled to administration.

203. Grant of administration to creditor

When 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.

204. Administration where property left in Uganda

Where 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 countiy in which the law relating to
testate and intestate succession differs from the law of Uganda.

PART XXX—LIMITED GRANTS

Grants limited in duration

205. Probate of copy of lost will

When a will has been lost or mislaid since the death of the testator or testatrix,
or has been destroyed by wrong or accident, and not by any act of the testator
or testatrix, 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.
9372 Cap. 268.] Successio}! Act

206. Probate of contents of lost or destroyed will

V

When 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.

207. Probate of copy w here original exists

When 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 or executrix, 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.

208. Administration until will produced

Where 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 use and benefit of others haring right

209. Administration with will annexed to attorney of absent executor

»

or executrix

When any executor or executrix is absent from Uganda and there is no

executor or executrix within Uganda willing to act, letters of administration
with the will annexed may be granted to the attorney of the absent executor or
executrix, 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.

210. Administration with w ill annexed to attorney of absent person

When 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 209.
Succession Act [Cap. 268. 9373

211. Admiuistratiou to attorney of absent person

When a person entitled to administration in case of intestacy is absent front

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 209.

212. Administration where child is sole beneficiary or residuary legatee

(1) Where a child is the sole beneficiary or sole residuaiy legatee,

letters of administration with the will annexed may be granted to the guardian
of the child or to such other person as court determines appropriate, until the
child attains the age of majority.

(2) Notwithstanding subsection (1), where the sole beneficiary or sole

residuary legatee is eighteen years or more, court may on the application of
the sole beneficiary or sole residuary legatee grant the sole beneficiary or sole
residuaiy legatee letters of administration or probate where court considers the
sole beneficiary or sole residuary legatee a fit and proper person.

213. Admiuistratiou for use aud benefit of person with mental illness jus
habeas

If a sole executor or executrix 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 person with mental
illness, 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
person with mental illness until he or she shall have become of sound mind.

214. Admiuistratiou pendente life

The 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 or administratrix 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 everv such
9374 Cap. 268.] Successio}! Act

administrator shall be subject to the immediate control of the court, and shall
act under its direction.

Grants for special purposes

215. Probate limited to purpose specified iu will

If an executor or executrix 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.

216. Administratiou with will annexed limited to particular purpose

If an executor or executrix 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.

217. Admiuistratiou limited to property iu which person has beneficial

interest

Where a person dies, leaving property of which he or she was the sole or
surviving tiustee, 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.

218. Administration limited to suit

When it is necessary that the representative of a person deceased is made a

party to a pending suit, and the executor or executrix 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.
Succession Act [Cap. 268. 9375

219. Administration limited to purpose of becoming party to suit against

administrator

If, at the expiration of twelve months from the date of any probate or letters of
administration, the executor or executrix or administrator or administratrix 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 executrix or administrator or administratrix, and carrying the
decree which may be made in the suit into effect.

220. Appointment of person other than one normally entitled to

administration

When a person has died intestate, or leaving a will of which there is no

executor or executrix willing and competent to act, or where the executor or
executrix, 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

221. Probate, etc. subject to exception

Whenever 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.

222. Administratiou with exception

Whenever the nature of the case requires that an exception be made, letters of
administration shall be granted subject to that exception.
9376 Cap. 268.] Successio}! Act

223. Exception for land subject to consents

(1) Where any part of an estate in respect of which a person applied

for a grant of probate or letters of administration consists of land which could
not have been transferred to the person by the deceased during his or her
lifetime without first obtaining the consent of some person or body under any
written law for the time being in force, the person may only be granted
probate or letters of administration subject to the exception of that land from
the grant.

(2) Letters of administration limited to land excepted under

subsection
(1) shall, on the application of the Administrator General or any person
beneficially interested, or his or her guardian, be granted to the Administrator
General, and no consent under any written law shall be required to that grant.

Grants of rest

224. Probate or administration of rest

Whenever 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

225. Grants of effects uuadministered

If an executor or executrix to whom probate has been granted has died,

leaving a part of the estate of the testator or testatrix unadministered, a new
representative may be appointed for the purpose of administering that part of
the estate.

226. Provisions as to grants of effects unadministered

In 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.
Succession Act [Cap. 268. 9377

227. Admiuistratiou when limited grant expired

When 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 grains

228. Errors mav be rectified bv court

Errors 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.

229. Procedure where codicil discovered after graut

If, 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.

Relocation of grants

230. Revocation or annulment for just cause

(1) The grant of probate or letters of administration may be revoked

or annulled for just cause.

(2) In this section, “just cause” means—

(a) that the proceedings to obtain the grant were defective in
substance;
(b) that the grant was obtained fraudulently by making a false
suggestion, or by concealing from the court something material to
the case;
(c) that the grant was obtained by means of an untrue allegation of a
fact essential in point of law to justify the grant, though the
allegation was made in ignorance or inadvertently;
(d) that the grant has become useless and inoperative through
circumstances;
9378 Cap. 268.] Successio}! Act

(e) that the person to whom the grant was made has wilfully and
without reasonable cause omitted to exhibit an inventory or
account in accordance with Part XXXIV of this Act, or has
exhibited under that Part an inventory or account which is untrue
in a material respect; or
(f) that the person to whom the grant was made has mismanaged the
estate.

(3) Where a grant of probate or letters of administration is revoked

under subsection (2)(b) or (f), the executor, executrix or person to whom
letters of administration were granted, as the case may be, commits an offence
and is liable, on conviction, to a fine not exceeding seventy-two currency
points or to imprisonment for a term of three years, or both.

(4) In addition to the penalty prescribed under subsection (3), a

person convicted under subsection (3) shall be liable to make good to the
estate and the beneficiaries of the estate, the loss or damage so occasioned.

(5) The court may on revocation of probate or letters of

administration, grant probate or letters of administration to another person
where court determines that such a person is a fit and proper person to be
granted probate or letters of administration under this Act.

PART XXXI—PRACTICE IN GRANTING AND REVOKING

PROBATES AND LETTERS OF ADMINISTRATION

231. Jurisdiction to grant probate and letters of administration

Jurisdiction to grant probate and letters of administration under this Act shall
be exercised by the High Court and a magistrate’s court in accordance with
the Administration of Estates (Small Estates)!Special Provisions) Act.

232. General powers of chief magistrate and magistrate

A chief magistrate and a magistrate 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
court.
Succession Act [Cap. 268. 9379

233. A chief magistrate and a magistrate may order person to produce

testamentary papers

A chief magistrate and a magistrate 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—
(a) if it is not shown that any such paper or writing is in the
possession or under the control of that person, but there is reason
to believe that he or she has the knowledge of any such paper or
writing, the court may direct that person to attend for the purpose
of being examined respecting the paper or writing;
(b) that person shall be bound to answer such questions as may be
put to him or her by the court, and, if so ordered, to produce and
bring in such paper or writing, and shall be subject to the like
punishment under section 94 of the Penal Code Act. in case of
default in not answering the questions, or not bringing in the
paper or writing, as he or she would have been subject to in case
he or she had been a party to a suit and had made such default: and
(c) the costs of the proceeding shall be in the discretion of the court.

234. Proceedings in relation to probate and administration

The proceedings of the court of the Chief Magistrate or the Magistrate 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.

235. When and how Chief Magistrate or Magistrate to interfere for

protection of property

Until probate is granted of the will of a deceased person, or an administrator or

administratrix of his or her estate is constituted, the Chief Magistrate or
Magistrate, 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.
9380 Cap. 268.] Successio}! Act

236. When probate or administration may be granted by Chief Magistrate or

Magistrate

Probate of the will or letters of administration to the estate of a deceased

person may be granted by the Chief Magistrate or Magistrate 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
testatrix 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.

237. Disposal of application made to Chief Magistrate or Magistrate of place

where deceased had no fixed abode

When an application is made to Chief Magistrate or Magistrate 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.

238. Conclusiveness of probate or letters of administration

(1) Probate or letters of administration shall have effect over all the
property and estate, movable or immovable, of the deceased, throughout
Uganda, and shall be conclusive as to the representative title against all
debtors of the deceased, and all persons holding property which belongs to
him or her.

(2) Probate or letters of administration shall afford full indemnity to

all debtors paying their debts, and all persons delivering up such property to
the person to whom the probate or letters of administration shall have been
granted.

239. Conclusiveness of application for probate or administration

An 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
Succession Act [Cap. 268. 9381

be impeached by reason that the testator or testatrix 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.

240. Petition for probate

(1) An application for probate shall be made by a petition distinctly

written in the English language with the will annexed, and stating—
(a) the time of the death of the testator or testatrix:
(b) that the writing annexed is the last will and testament of the
testator or testatrix and that it was duly executed:
(c) the amount of assets which are likely to come to the petitioner’s
hands; and
(d) that the petitioner is the executor or executrix named in the will,
and in addition to such particulars, when the application is to Chief Magistrate
or Magistrate, the petition shall further state that the deceased, at the time of
his or her death, had his or her fixed place of abode, or had some property,
movable or immovable, situate within the jurisdiction of the delegate.

(2) The application referred to in subsection (1) shall be made within

one year from the date of death of the testator.

(3) Where a person named as executor or executrix in a will does not

apply for probate within the time prescribed in subsection (2), a beneficiary
under the will may, with the will annexed, apply for letters of administration.

241. Translation of will to be annexed to petition

In 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.”.
9382 Cap. 268.] Successio}! Act

242. Petition for letters of administration

An application for letters of administration shall be made by petition distinctly

written in the 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 petitioner claims;
(d) that the deceased left some property within the jurisdiction of the
High Court or Chief Magistrate or Magistrate to whom the
application is made; and
(e) the amount of assets which are likely to come to the petitioner’s
hands,
and, when the application is to Chief Magistrate or Magistrate, the petition
shall further state whether the deceased, at the time of his or her death, resided
within the jurisdiction of the delegate.

243. Petition to be signed and verified

A 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.”.

244. Verification of petition for probate by one witness to will

Where 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 or testatrix mentioned in the above
petition, declare that I was present, and saw the testator or testatrix
affix his or her signature (or mark) to it (or that the testator or
testatrix acknowledged the writing annexed to the above petition
to be his or her last will and testament in my presence).”.
Succession Act [Cap. 268. 9383

245. Punishment for false statement in petition or declaration

Where any petition or declaration which is required to be verified contains

any statement which the person making the statement, or the verification
knows or believes to be false, that person commits an offence and is liable, on
conviction, to a fine not exceeding one hundred sixty-eight currency points or
to imprisonment for a term not exceeding seven years, or both.

246. High Court or Chief Magistrate or Magistrate may examine

petitioner in person and require further evidence, etc.

(1) In all cases a judge or Chief Magistrate or Magistrate may, if he

or she thinks proper—
(a) examine the petitioner in person, upon oath or solemn
affirmation:
(b) require further evidence of the due execution of the will, or the
right of the petitioner to the letters of administration, as the case
may be; and
(c) issue citations calling upon all persons claiming to have any
interest in the estate of the deceased to appear before the court or
the Chief Magistrate or the Magistrate before the grant of probate
or letters of administration.

(2) A citation issued under subsection (1) shall be fixed up in some

conspicuous part of the courthouse, and also in the office of the district
commissioner, and otherwise published or made known in such manner as the
judge or Chief Magistrate or Magistrate issuing it may direct.

247. Administrator General not precluded from grant

Nothing in this Part shall be deemed to preclude—

(a) the Administrator General from applying to the court for letters of
administration:
(b) the court from granting letters of administration to the
Administrator General,
in any case where the court is empowered under this or any other Part of this
Act to grant letters of administration to any person other than an executor or
executrix appointed under the will of the testator or testatrix.
9384 Cap. 268.] Successio}! Act

248. No probate or letters of admiuistratiou to be granted except on

production of certificate from assistant estate duty commissioner

Except 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 bv the High Court or Chief Magistrate or Magistrate unless
the certificate of an assistant estate duty commissioner is produced to the
High Court or Chief Magistrate or Magistrate, 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.

249. Caveats against grant of probate or administration

Caveats against the grant of probate or administration may be lodged with the
High C ourt or Chief Magistrates Court or Magistrates Court: and
immediately on any caveat being lodged with any Chief Magistrates Court or
Magistrates Court, the Chief Magistrate or the Magistrate shall send a copy of
the caveat to the High Court.

250. Form of caveat

A caveat under section 249 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

251. Proceedings suspended if caveat is received

(1) A person who lodges a caveat under section 249 shall, within
fourteen days of lodging the caveat, serve a copy of the caveat to the
petitioner for probate or letters of administration.

(2) Where a caveat is lodged under section 249, court shall suspend
the proceedings in the matter until the caveat has been withdrawn or has
lapsed or a suit for the removal of the caveat has been filed and determined by
court.
Succession Act [Cap. 268. 9385

252. Caveat and petition to lapse

(1) A petitioner for probate or letters of administration in respect of

which a caveat has been lodged shall, within six months from the date the
caveat was lodged, file a suit for removal of the caveat.

(2) Notwithstanding subsection (1). a person who lodges a caveat in

respect of a petition for probate or letters of administration shall, within six
months from the date the caveat was lodged, commence proceedings to prove
the objections contained in the caveat.

(3) Where a person who lodges a caveat or a petitioner for probate or

letters of administration does not comply with the provisions of subsection
(1) or (2), the caveat and the petition for probate or letters of administration
shall lapse.

(4) Where a caveat lodged under subsection (2) lapses, the person
who lodged the caveat shall not lodge another caveat in respect of the same
estate.

253. Power to transmit statement to High Court in doubtful cases where no

contention

In every case in which there is no contention, but it appears to the Chief

Magistrate or the Magistrate 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 Chief Magistrate or the Magistrate may, if he or she thinks
proper, transmit a statement of the matter in question to the High Court which
may direct the Chief Magistrate or the Magistrate 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 chief magistrate and
the magistrate in relation to the matter of the application, leaving the party
applying for the grant in question to make application to the High Court.

254. Procedure where there is contention, or chief magistrate and magistrate

thinks probate, etc. should be refused in his or her court

In everv case in which there is contention, or the Chief Magistrate or the

Magistrate is of opinion that the probate or letters of administration should
9386 Cap. 268.] Successio}! Act

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 Chief
Magistrate or the Magistrate 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.

255. Grant of probate to be under seal of court

(1) Where it appears to a judge of the High Court or Chief Magistrate

or Magistrate 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 Chief
Magistrate or Magistrate) 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
or executrix 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”.

(2) The grant of probate under subsection (1) shall be valid for a
period not exceeding two years.

(3) Court may on application extend the period prescribed in

subsection (2) for a further period of two years or any other reasonable time as
determined by court if the court is satisfied that—
(a) it is in the best interest of the beneficiaries to extend the period;
and
(b) the person to whom the grant of probate was made has—
Succession Act [Cap. 268. 9387

(i) complied with the provisions of this Act or any condition

on which probate was granted; and
(ii) obtained the consent of all the beneficiaries in the estate for
which probate was made.

(4) Subsections (2) and (3) shall not apply to—

(a) letters of administration granted under section 212; or
(b) pension forming part of the estate.

256. Grant of letters of administration to be under seal of court

(1) Where it appears to a judge of the High Court or Chief Magistrate

or Magistrate 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
Chief Magistrate or Magistrate) 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 parent (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”.

(2) The grant of letters of administration under subsection (1) shall

be valid for a period not exceeding two years.

(3) The court may on application extend the period prescribed in

subsection (2) for a further period of two years or any other reasonable time as
determined by court where the court is satisfied that—
9388 Cap. 268.] Successio}! Act

(a) it is in the best interest of the beneficiaries to extend the period;

and
(b) the person to whom letters of administration were granted has—
(i) complied with the provisions of this Act or any condition to
which the grant of letters of administration is subject to;
and
(ii) obtained the consent to apply for the extension of the letters
of administration from all the beneficiaries of the estate to
which the letters of administration apply.

(4) Subsections (2) and (3) shall not apply to letters of administration
granted to—
(a) letters of administration granted under section 212;
(b) the portion of the estate administered under section 23(2); or
(c) pension forming part of the estate.

257. Administration bond

The 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 Chief
Magistrate or Magistrate 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
C' C* V

bond shall be in such form as the High Court shall, from time to time, by any
general or special order, direct.

258. Assignment of administration bond

The 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 executrixes, or administrators or administratrices, 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 Chief
Magistrate or Magistrate, and shall be entitled to recover on it. as
© O ’

trustee for all persons interested, the full amount recoverable in respect of any
breach of the bond.
Succession Act [Cap. 268. 9389

259. Time for grant of probate and administration

No probate of a will shall be granted until after the expiration of seven clear
days, and letters of administration shall not be granted until after the
expiration of fourteen clear days, from the day of the death of the testator or
testatrix or intestate.

260. Filing of original wills of which probate or administration with will

annexed granted

A judge of the High Court or Chief Magistrate or Magistrate 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 Attorney
General shall make regulations for the preservation and inspection of the wills
so filed.

261. Grantee of probate or administration alone to sue, etc. until grant

revoked

After 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.

262. Procedure in contentious cases

(1) In 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.

(2) The High Court may refer the parties to a suit under this section to
the Administrator General, where the party whose application is the cause of
the suit was not required to and therefore, did not give the Administrator
General notice of the application for a grant under section 5 of the
Administrator General’s Act.

(3) The High Court shall in all matters before the court under this
section, issue summons to all the persons mentioned in the application for
probate or letters of administration to appear before the court as witnesses.
9390 Cap. 268.] Successio}! Act

263. Payment to executor or executrix or administrator or administratrix

before probate or administration revoked

Where any probate is or letters of administration are revoked, all payments

bonafide made to any executor or executrix or administrator or administratrix
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 executrix or administrator or administratrix 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.

264. Appeals from orders of Chief Magistrate or Magistrate

Every order made by Chief Magistrate or Magistrate 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 OR EXECUTRIXES OF THEIR OWN

WRONG

265. Intermeddling and other acts

(1) A person who intermeddles in the estate of a deceased person

commits an offence and is liable, on conviction, to a fine not exceeding one
thousand cun ency points or to imprisonment for a term not exceeding ten
years, or both and shall in addition to the penalty make good the loss
occasioned to the estate.

(2) A person is taken to intermeddle with the estate of a deceased

person where that person, while not being the Administrator General, an agent
of the Administrator General or a person to whom probate or letters of
administration have been granted to by court—
(a) takes possession or disposes of the property of a deceased person;
or
(b) does any other act which belongs to the office of the executor or
executrix, or administrator or administratrix.
Succession Act [Cap. 268. 9391

(3) Notwithstanding subsection (1) a person may before grant of

letters of administration or probate, take possession of the property of the
deceased person for the purpose of—
(a) preserving the estate of a deceased person:
(b) providing for the funeral of the deceased person;
(c) providing for the immediate necessities of the family of the
deceased person:
(d) preserving and ensuring the prudent management of the business
of the deceased person, including preserving the goods of trade of
the deceased person: or
(e) receiving money or other hinds belonging to the deceased person,
and any action done under this subsection shall not amount to intermeddling.

(4) The duration for which a person referred to in subsection (3) may
take possession of the estate of the deceased person, is three months from the
date of death of the deceased person or until the grant of letters of
administration or probate, whichever hist occurs.

(5) A person who takes possession of the estate of the deceased

person under subsection (3) shall immediately report the particulars of the
property and the action taken regarding that property to the Administrator
General or the agent of the Administrator General.

(6) Aperson who has reason to believe that the person who has taken
possession of the estate of a deceased person under subsection (3) has caused
loss or damage to the estate may seek redress horn the Administrator General
or his or her agent.

(7) A person who takes possession of the property of the deceased

person under subsection (3) and causes loss or damage to the property shall be
personally liable for any loss occasioned to the estate and shall make good the
loss occasioned to the estate.

(8) A person who takes possession of property of a deceased person

beyond the time prescribed under subsection (4) commits an offence and is
liable, on conviction, to a fine not exceeding one thousand currency points or
to imprisonment for a term not exceeding ten years, or both.

(9) An executor or executrix who, before the grant of probate,

misapplies the estate of the deceased person or subjects the estate to loss
9392 Cap. 268.] Successio}! Act

or damage, commits an offence and is liable, on conviction, to a fine not

exceeding forty-eight currency points or to imprisonment for a term not
exceeding two years, or both.

(10) In addition to the penalty prescribed under subsection (9), the

person convicted under that subsection shall be liable to make good the loss
occasioned to the estate.

(11) A person who has applied for grant of letters of administration

under Part X X X I , who before the grant of letters of administration,
misapplies the estate of the deceased or subjects it to loss or damage commits
an offence and is liable, on conviction, to a fine not exceeding forty-eight
currency points or to imprisonment for a term not exceeding two years, or
both.

(12) In addition to the penalty prescribed under subsection (11), the

person convicted shall be liable to make good the loss occasioned to the estate.

266. Liability of executor or executrix of his or her owu wrong

When a person has so acted as to become an executor or executrix of his or her

own wrong, he or she is answerable to the rightful executor or executrix or
administrator or administratrix, 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 executrix or
administrator or administratrix, and payments made in due course of
administration.

PART XXXIII—POWERS OF EXECUTOR OR EXECUTRIX OR

ADMINISTRATOR OR ADMINISTRATRIX

267. Disposal of property

(1) Subject to sections 23 and 30(2), an executor, executrix or

administrator or administratrix as may be applicable, may with the written
consent of the surviving spouse and all the lineal descendants of the deceased
person, dispose of the property of the deceased either wholly or in part.

(2) Where a beneficiary of the estate is a minor, the consent required

in subsection (1) shall be given by the guardian of the minor and where
Succession Act [Cap. 268. 9393

the guardian of the minor is the executor or executrix or administrator or

administratrix, the consent shall be granted by court.

(3) Where a surviving spouse, lineal descendant or a guardian of a

minor withholds his or her consent to the disposal of the property belonging to
a deceased person, the executor or executrix or administrator or
administratrix, as the case may be, may apply to a court of competent
jurisdiction for direction.

(4) For the purposes of subsection (3), court may, if satisfied that the
disposal of the property is beneficial to the estate or to a beneficiary of the
estate, authorise the sale of the property, with or without conditions.

(5) The executor, executrix or administrator or administratrix shall

account for the proceeds of sale—
(a) in the case of a sale under subsection (1) or (4), to the
beneficiaries; and
(b) in the case of a sale under subsection (2), to court.

(6) In disposing of property under this section, the first option shall
be given to a beneficiary of the estate to purchase the property.

(7) An executor, executrix or administrator or administratrix shall not

be eligible to purchase property of the estate, except were such executor,
executrix or administrator or administratrix is a surviving spouse or lineal
descendant, and has obtained the consent to purchase the property from the
spouse or lineal descendant as the case may be.

(8) Any disposal of the property belonging to the estate of a deceased

person in contravention of this section shall be void.

268. Powers of several executors or executrixes, etc. exercisable by oue

(1) When there are several executors or executrixes or administrators

or administratrices, 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.

(2) Notwithstanding subsection (1), where there is more than one

executor or executrix, probate may, with the consent of all the other executors
9394 Cap. 268.] Successio}! Act

or executrixes, be granted to a sole executor or executrix or any other number

of executors or executrixes as the case mav be.

(3) Where in an estate with more than one executor or executrix or

administrator or administratrix, a dispute arises between the executors or
executrixes or administrators or administratrices or between the executor or
executrix or an administrator or administratrix and a beneficiary of the estate,
the dispute shall be referred for arbitration to the Registrar of the High Court
or a Chief Magistrate.

(4) A person aggrieved by the decision of the Registrar or Chief

Magistrate under this section may appeal against the decision in accordance
with the law.

(5) The Chief Justice shall issue practice directives to regulate

arbitration proceedings undertaken by a Registrar or Chief Magistrate under
this section.

269. Survival of executors or executrixes or administrators or

administratrices

Upon the death of one or more of several executors or executrixes or

administrators or administratrices, all the powers of the office become vested
in the survivors or survivor.

270. Administrator or administratrix of effects unadministered

The administrator or administratrix of effects unadministered has, with

respect to those effects, the same powers as the original executor or executrix
or administrator or administratrix.

271. Administrator or administratrix during minority

An administrator or administratrix during minority has all the powers of an

ordinary administrator.
Succession Act [Cap.268. 9395

PART XXXIV—DUTIES OF EXECUTOR OR EXECUTRIX OR

ADMINISTRATOR OR ADMINISTRATRIX

272. Deceased’s funeral

It is the duty of an executor or executrix 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.

273. Inventory and account

(1) An executor or executrix or administrator or administratrix shall,

within six months from the grant of probate or letters of administration, or
within such further time as the court which granted the probate or letters may
from time to time appoint, exhibit in that court an inventory containing a foil
and true estimate of all the property in possession, and all the credits, and also
all the debts owing by any person to which the executor or executrix or
administrator or administratrix is entitled in that character; and shall in like
manner within one year from the grant, or within such further time as the
court may from time to time appoint, exhibit an account of the estate, showing
the assets which have come to his or her hands, and the manner in which they
have been applied or disposed of.

(2) On the completion of the administration of an estate, other than an

estate administered under the Administration of Estates (Small Estates)
(Special Provisions) Act, an executor or executrix or an administrator or
administratrix shall file in court the final accounts relating to the estate
verified by an affidavit two copies of which shall be transmitted by the court
to the Administrator General.

(3) The Chief Justice may from time to time prescribe the form in
which an inventory or account under this section is to be exhibited.

(4) If an executor or executrix or administrator or administratrix, on

being required by the court to exhibit an inventory or account under this
section, intentionally omits to comply with the requisition, he or she shall be
deemed to have committed an offence under section 104 of the Penal Code
Act.
9396 Cap. 268.] Successio}! Act

(5) The exhibition by an executor or executrix or administrator or

administratrix of an intentionally false inventory or account under this section
shall be deemed to be an offence under section 81 of the Penal Code Act.

274. Property of deceased person

(1) An executor, executrix or administrator or administratrix shall

manage, with reasonable diligence, the property of the deceased, and collect
the debts that were due to the deceased at the time of his or her death.

(2) Debts incurred by the deceased against the principal residential

property or any other residential property during marriage without the written
consent of the spouse who prior to the death of the deceased person shared
that principal residential property or any other residential property with the
deceased, shall be void and shall be excluded from payment front the estate of
the deceased person.

275. Expenses to be paid in priority

Funeral 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.

276. Expenses to be paid next after such expenses

The 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.

277. Wages and other debts

Wages due for sendees rendered to the deceased within three months
preceding his or her death by any labourer, artisan or domestic seivant are
next to be paid, and then the other debts of the deceased.
Succession Act [Cap. 268. 9397

278. All other debts to be paid equally and rateably

Except as provided in sections 275, 276 and 277, 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 executrix
or administrator or administratrix 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.

279. Payment of debts where domicile not in Uganda

If 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.

280. Creditor paid in part to bring payment into account

A creditor who has received payment of a part of his or her debt by virtue of
section 279 shall not 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.

281. Debts to be paid before legacies

Debts of every description shall be paid before any legacy.

282. Executor or executrix, etc. not bound to pay legacies without

indemnity
%

If the estate of the deceased is subject to any contingent liabilities, an executor

or executrix or administrator or administratrix is not bound to pay any legacy
without a sufficient indemnity to meet the liabilities whenever they may
become due.

283. Abatement of general legacies

If the assets, after payment of debts, necessaiy 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 or executrix has no right
to pay one legatee in preference to another, nor to retain any money on
9398 Cap. 268.] Successio}! Act

account of a legacy to himself or herself or to any person for whom he or she is

a trustee.

284. Non-abatement of specific legacy

Where 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.

285. Demonstrative legacy when assets sufficient to pay debts and necessary
expenses

Where 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.

286. Abatement of specific legacies

If the assets are not sufficient to answer the debts and specific legacies, an
abatement shall be made front the latter rateably in proportion to their
respective amounts.

287. Legacies treated as general for purpose of abatement

For 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 OR EXECUTRIX’S ASSENT TO

LEGACY

288. Assent necessary to complete legatee’s title

The assent of the executor or executrix is necessary to complete a legatee’s

title to his or her legacy.
Succession Act [Cap. 268. 9399

289. Effect of executor’s or executrix’s assent to specific legacy

(1) The assent of the executor or executrix to a specific bequest shall

be sufficient to divest his or her interest as executor or executrix in it. and to
transfer the subject of the bequest to the legatee, unless the nature or the
circumstances of the property require that it shall be transferred in a particular
way.

(2) The assent of the executor or executrix may be verbal, and it may
be either express or implied from the conduct of the executor or executrix.

290. Conditional assent

The assent of an executor or executrix 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.

291. Assent of executor or executrix to his or her own legacy

(1) When the executor or executrix is a legatee, the executor’s or

executrix’s assent to his or her own legacy is necessary to complete his or her
title to it, in the same way as it is required when the bequest is to another
person, and that assent may in like manner be express or implied.

(2) Assent shall be implied, if. in his or her manner of administering

the property, the executor or executrix does any act which is referable to his or
her character of legatee, and is not referable to his or her character of executor
or executrix.

292. Effect of executor’s or executrix’s assent

The assent of the executor or executrix to a legacy gives effect to it from the
death of the testator or testatrix.

293. Payment of legacy, etc.

An executor or executrix is not bound to pay or deliver any legacy until the
expiration of one year front the death of the testator or testatrix.
9400 Cap. 268.] Successio}! Act

294. Partition

(1) A person beneficially interested in any immovable property

vested in a personal representative may apply by petition to the court for a
partition of it: and the court, if satisfied that the partition would be beneficial
to all persons interested and would not be economically undesirable, may
appoint one or more arbitrators to effect the partition.

(2) The report and final award of the arbitrators, setting forth the
particulars of the immovable property allotted to each of the parties interested,
shall, subject to any law or laws for the time being in force, when signed by
them and confirmed by order of the court, be effectual to vest in each allottee
the immovable property so allotted; and, if the allotment is made subject to the
charge of any money payable to any other party interested for equalising the
partition, the charge shall take effect according to the terms and conditions in
regard to time and mode of payment and otherwise which shall be expressed
in the award.

PART XXXVI—PAYMENT AND APPORTIONMENT OF

ANNUITIES

295. Commencement of annuity when no time fixed bv will

% V

Where an annuity is given by a will, and no time is fixed for its

commencement, it shall commence from the death of the testator or testatrix,
and the first payment shall be made at the expiration of one year after that
event.

296. When annuity to be paid periodically first falls due

Where 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 death of the testator or testatrix, and shall, if the
executor or executrix thinks fit, be paid when due; but the executor or
executrix shall not be bound to pay it till the end of the year.

297. Successive payments when first payment directed to be made within

given time

Where 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
Succession Act [Cap.268. 9401

or testatrix, 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

298. Investment of sum bequeathed where legacy given for life

Where 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.

299. Investment of general legacy to be paid at future time

(1) Where a general legacy is given to be paid at a future time, the

executor or executrix shall invest a sum sufficient to meet it in securities of the
kind mentioned in section 298.

(2) The intermediate interest shall form part of the residue of the
estate of the testator or testatrix.

300. Procedure when no fund charged with annuity

Where 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 puipose in such
securities as are authorised by law.

301. Transfer to residuaiy legatee of contingent bequest

Where a bequest is contingent, the executor or executrix 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.
9402 Cap. 268.] Successio}! Act

302. Investment of residue bequeathed for life

Where the testator or testatrix 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 death of the testator or
testatrix invested in such securities as are authorised by law shall be converted
into money, and invested in those securities.

303. Investment iu specified securities of residue bequeathed for life

Where the testator or testatrix 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.

304. Conversion and investment

The conversion and investment contemplated by sections 302 and 303 shall
be made at such times and in such manner as the executor or executrix 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 four percent
per year upon the market value, to be computed as at the date of the death of
the testator or testatrix, of such part of the fund as has not yet been so
invested.

305. Procedure when miuor entitled to immediate payment or possession of

bequest

(1) Where, by the terms of a bequest, the legatee is entitled to the

immediate payment or possession of the money or thing bequeathed but is a
minor, and there is no direction in the will to pay it to any person on his or her
behalf, the executor or executrix or administrator or administratrix shall pay
or deliver it into the High Court or to the Chief Magistrate or the Magistrate,
by whom the probate was, or letters of administration with the will annexed
were, granted, to the account of the legatee, and that payment shall be a
sufficient discharge for the money so paid.
Succession Act [Cap. 268. 9403

(2) Such money, when paid in, may be invested as the judge or the
Chief Magistrate or the Magistrate shall direct.

306. Procedure in respect of share of minor in estate of deceased

(1) Where a person entitled to a share under the will of the deceased
or in the distribution of the estate of an intestate person is a minor, the
executor or executrix or administrator or administratrix shall transfer and
deliver the share of the minor to the guardian of the minor.

(2) The guardian of the minor shall manage the property delivered to
him or her under subsection (1) in a prudent manner and shall—
(a) apply the property for the benefit of the minor;
(b) take steps to safeguard the property of the minor from loss or
damage; and
(c) make an account for the property of the minor, every year to the
surviving parent if any, court or any other person as court may
direct.

(3) Except where there is an order of court to the contrary, the

guardian shall within six months of the minor attaining the age of eighteen
C <w C

years, transfer all the property in his or her custody to the minor.

(4) Notwithstanding subsection (3), a guardian or any other person

who considers that a person to whom property is to be transferred under the
subsection is not fit to administer his or her property, the guardian or such
other person may apply to court to determine the suitability of the person to
manage his or her property.

PART XXXVIII—PRODUCE AND INTEREST OF LEGACIES

307. Legatee’s title to produce of specific legacy

(1) Subject to subsection (2), the legatee of a specific legacy is

entitled to the clear produce of it, if any, from the death of the testator or
testatrix.

(2) A specific bequest, contingent in its terms, does not comprise the
produce of the legacy between the death of the testator or testatrix and the
9404 Cap. 268.] Successio}! Act

vesting of the legacy, and that produce forms part of the residue of the estate
of the testator or testatrix.

308. Residuary legatee’s title to produce of residuary fund

(1) Subject to subsection (2), the legatee under a general residuary

bequest is entitled to the produce of the residuary fond from the death of the
testator or testatrix.

(2) A general residuary bequest, contingent in its terms, does not

comprise the income which may accrue upon the fond bequeathed between
the death of the testator or testatrix and the vesting of the legacy, and that
income goes as undisposed of.

309. Interest

Where no time has been fixed for the payment of a general legacy, interest
begins to run from the expiration of one year from the death of the testator or
testatrix; except that where—
(a) that legacy is bequeathed in satisfaction of a debt;
(b) the testator or testatrix was a parent or a more remote ancestor of
the legatee of such legacy, or has put himself or herself in the
place of a parent of such legatee; or
(c) a sum is bequeathed to a minor with a direction to pay for his or
her maintenance out of it,
interest is payable from the death of the testator or testatrix.

310. Interest when time fixed for payment

Where 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 estate of the testator or testatrix; except that where the
testator or testatrix 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
or testatrix, unless a specific sum is given by the will for maintenance.

311. Rate of interest

The rate of interest shall be four percent per year.

Succession Act [Cap. 268. 9405

312. No interest on arrears of annuity within first year

l t

No interest is payable on the arrears of an annuity within the first year from
the death of the testator or testatrix, 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.

313. Interest on sum invested to produce annuity

Where a sum of money is directed to be invested to produce an annuity,

interest is payable on it from the death of the testator or testatrix.

PART XXXIX—REFUNDING OF LEGACIES

314. Refund of legacy paid under judge’s orders

Where an executor or executrix 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.

315. No refund if paid voluntarily

Where an executor or executrix 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.

316. Refund when legacy has become due on performance of condition

When the time prescribed by a will for the performance of a condition has
elapsed without the condition having been performed and the executor or
executrix has thereupon, without fraud, distributed the assets, in such case, if
further time has been allowed under section 120 for the performance of the
condition, and the condition has been performed accordingly, the legacy
camiot be claimed from the executor or executrix, but those to whom he or she
has paid it are liable to refund the amount.

317. When each legatee compellable to refund in proportion

When the executor or executrix 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
<w C
9406 Cap. 268.] Successio}! Act

previous notice, he or she is entitled to call upon each legatee to refund in

proportion.

318. Distribution of assets

Where an executor or executrix or administrator or administratrix 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.

319. Creditor may call upon legatee to refund

A 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 estate of the testator or testatrix were or were not sufficient at the
time of the death of the testator or testatrix to pay both debts and legacies, and
whether the payment of the legacy by the executor or executrix was voluntary
or not.

320. When legatee not satisfied, or compelled to refund, cannot oblige one
paid in full to refund

If the assets were sufficient to satisfy all the legacies at the tune of the death of
the testator or testatrix, a legatee who has not received payment of his or her
legacy, or who has been compelled to refund under section 319, 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 or executrix.
Succession Act [Cap.268. 9407

321. When unsatisfied legatee must first proceed against executor or

executrix, if solvent

If the assets were not sufficient to satisfy all the legacies at the time of the
death of the testator or testatrix, 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 or executrix, if he or she is solvent: but. if
the executor or executrix is insolvent or not liable to pay, the unsatisfied
legatee can oblige each satisfied legatee to refund in proportion.

322. Limit of refunding of one legatee to another

The 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.

323. Refunding without interest

The refunding shall, in all cases, be without interest.

324. Residue to be paid to residuary legatee

The 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
bv the will.

325. Transfer of assets from Uganda to executor or executrix or

administrator or administratrix in country of domicile for distribution

Where 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 countiy, the executor or executrix or administrator or administratrix, as
the case may be, in Uganda, after having given such notices as are mentioned
in section 318, 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
9408 Cap. 268.] Successio}! Act

deceased’s property to persons residing out of Uganda who are entitled to it,
transfer, with the consent of the executor or executrix or administrator or
administratrix, as the case may be, in the country of domicile, the surplus or
residue to that executor or executrix or administrator or administratrix for
distribution to those persons.

326. Procedure where deceased has left property iu a court of a country

other than Uganda

(1) A person applying to the High Court for a grant of probate or

letters of administration shall, if at that time or at any time after he or she has
reason to believe that the deceased has left property in a court of a country
other than Uganda, notify the court to that effect.

(2) The court may, at the time of granting probate or letters of

administration, or at any time after that, on being notified of the existence of
property belonging to the deceased in either a country other than Uganda,
order that no claims other than claims entitled to priority be paid until the
expiration of a period not exceeding eighteen months from the making of the
order.

(3) A statement duly certified by a court of a country other than

Uganda, and filed in the High Court of Uganda within the period ordered
under subsection (2), showing the assets and liabilities of the estate of a
deceased person within the respective jurisdictions of those courts, may be
taken into account by an executor or executrix or administrator or
administratrix in Uganda, and the court may order that the assets be
distributed in such manner as to secure the payment of all claims, other than
those entitled to priority, rateably with those certified by a court of a countiy
other than Uganda as under this subsection.

(4) The court may order that any balance remaining in the hands of an
executor or executrix or administrator or administratrix after payment of
claims in Uganda, whether in full or rateably under the provisions of this
section, may be transmitted in whole or in part to an executor or executrix or
administrator or administratrix of the estate in a countiy other than Uganda.

(5) An executor or executrix or administrator or administratrix or

administratrix acting in good faith under an order of the court as aforesaid
shall not be liable to be sued in respect of that action.
Succession Act [Cap. 268. 9409

PART XL—LIABILITY OF EXECUTOR OR EXECUTRIX OR

.ADMINISTRATOR OR ADMINISTRATRIX FOR DEVASTATION

327. Liability of executor, executrix, administrator or administratrix for

damage or loss to estate

(1) An executor, executrix, administrator or administratrix who—

(a) misapplies the estate of the deceased person:
(b) misappropriates or fails to account for the proceeds accruing to
the estate of a deceased person or to a beneficiary of the estate; or
(c) subjects the estate or a beneficiary to loss or damage, commits an
offence and is liable, on conviction, to a fine not exceeding one thousand
currency points or to imprisonment for a term of three years, or both.

(2) The court shall in addition to the penalty under subsection (1)
order the person to make good the loss or damage occasioned to the estate or
the beneficiary.

328. Liability of executor or executrix or administrator or administratrix

for neglect

(1) An executor, executrix or administrator or administratrix who

occasions loss to the estate by neglecting to do an act or omission which
causes loss to the estate of a deceased person or to a beneficiary under the
estate of a deceased person commits an offence and is liable, on conviction, to
a fine not exceeding one thousand currency points or to imprisonment for a
term of three years, or both.

(2) The court may in addition to any penalty imposed under

subsection (1), order the person to make good the loss or damage occasioned
to the estate or beneficiaries.

329. Beneficiary’s estate not to form part of payment

(1) A person who acts on behalf of a beneficiary of an estate in any

matter shall not acquire any part of the interest of the beneficiary in the estate
as payment for the services rendered.
9410 Cap. 268.] Successio}! Act

(2) A person who contravenes subsection (1) commits an offence and is

liable, on conviction, to a fine not exceeding one hundred twenty currency
points or to imprisonment for a term not exceeding five years, or both.

PART XLI—MISCELLANEOUS

330. Power of Attorney General to exempt any class of persons from

operation of Act

(1) The Attorney General shall have power from time to time, by
statutory order, either retrospectively from the passing of this Act, or
prospectively, to exempt from the operation of the whole or any pan of this
Act, any class or classes of persons, in Uganda, or any part or parts of any such
class or classes to whom he or she may consider it impossible or inexpedient
to apply the provisions of this Act, or of the part of the Act mentioned in the
order.

(2) The Attorney General shall also have power from time to time by
statutory order to revoke any order made under subsection (1), but not so that
the revocation shall have any retrospective effect.

331. Surrender of revoked probate or letters of administration

(1) When a grant of probate or letters of administration is revoked or

annulled under this Act, the person to whom the grant was made shall
forthwith deliver up the probate or letters to the court which made the grant.

(2) A person who contravenes subsection (1) commits an offence and

is liable, on conviction, to a fine not exceeding seventy two currency points or
to imprisonment for a term of three years, or both.

(3) The court may in addition to any penalty imposed under

subsection (2), order the person to make good any loss or damage occasioned
to the estate or to the beneficiary under this section.

332. Applicatiou of Act to Defence Forces

Nothing in this Act shall in any way affect any provisions as to distribution or
intestacy contained in regulations made under the Uganda Peoples’ Defence
Forces Act.
Succession Act [Cap. 268. 9411

333. Places appointed for custody of wills of living persons

(1) The offices of the Chief Registrar and Deputy Registrar of the
High Court are appointed places for the safe custody of the wills of living
persons.

(2) The Attorney General may, by statutory instrument, appoint any

other place or places for the same purpose.

334. Power to make rules prescribing fees and other matters

The Chief Justice shall have power with the approval of the Attorney General
to make rales concerning the following matters—
(a) prescribing the fees to be paid on the deposit or withdrawal of a
will;
(b) the formalities to be observed on deposit or withdrawal of a will;
(c) generally for better cany ing into effect the provisions of this Act.

335. Application of sections 30 to 33

Sections 30,31,32 and 33 shall apply to every will made on or after the 26th
day of January, 1971.

336. Power to ameud Schedule 1

The Minister may, by statutory instrument, with the approval of Cabinet,

amend Schedule 1 to this Act.

337. Application of Act to actions taken before the 31st day of May, 2022

(1) Sections 22 and 23 shall apply to the estate of a deceased person

who died on or after 5th April 2007, where the estate of that deceased person
is not distributed by the 31st day of May, 2022.

(2) A grant of probate or letters of administration issued by a court of

competent jurisdiction before the 31st day of May, 2022, shall remain in force
for a period of three years from the 31st day of May, 2022.
9412 Cap. 268.] Successio}! Act

(3) A grant of probate or letters of administration issued to the

Administrator General before the 31st day of May, 2022, shall remain in force
for a period of five years from the 31st day of May, 2022.

(4) The duration of a grant of probate or letters of administration

referred to in subsections (2) and (3) may, on application to court by the
executor or executrix or an administrator or administratrix of an estate, be
extended for a reasonable period determined by court.

(5) Section 47(l)(c) shall not apply to a will made before the 31st day
of May, 2022.

SCHEDULES

Schedule 1
Sections 2, 336
Currency Point

A currency point is equivalent to twenty thousand shillings

Succession Act [Cap. 268. 9413

Schedule 2
Section 19(1)
Table of Consanguinity
9414 Cap. 268.] Successio}! Act

Schedule 3
Sections 22(3), 30(2)
Rules Relating to Occupation of Residential Holdings

1. Persons entitled to occupation

In the case of a residential holding occupied by an intestate prior to his or her

death as his or her principal residence, the following categories of persons,
who were normally resident in the residential holding shall be entitled to
occupy it—
(a) the spouse of the intestate person:
(b) a minor child of the intestate person, and where the child attains
eighteen years of age he or she shall be eligible under paragraphs
(c) or (d) as may be applicable;
(c) a lineal descendant who is above eighteen years of age, who is
undertaking studies; and
(d) a lineal descendant who is by reason of mental or physical
disability, incapable of maintaining himself or herself, until the
cessation of the disability.

2. Rights of cultivation, etc.

A spouse or child who normally cultivated, farmed or tilled any land adjoining
a residential holding owned by an intestate prior to his or her death shall have
the right to cultivate, farm and till the land as long as he or she continues to be
resident.

3. Procedure where minor entitled

Where a child or children are entitled to occupation under paragraph 1 and in

fact occupy a residential holding, the person legally entitled to the custody of
the child or of the majority of the children shall either himself or herself
occupy or appoint some other suitable adult person or persons to occupy the
residential holding for so long as any such child or any of such children
continue to do so and the person so occupying shall be subject to the duties
and liabilities of an occupier hereunder; except that in default of occupation
by the person entitled to custody or his or her appointee, a magistrate may, on
application of the personal representative or any person interested or on his or
her own motion, appoint a person or persons to occupy as aforesaid.
Succession Act [Cap. 268. 9415

4. Certificate of occupancy

Upon being satisfied by affidavit or otherwise that the person, if any, properly
entitled to occupation hereunder has taken occupation of the residential
holding with a bona fide intention to continue the occupation or that there is
no person entitled to occupation, the court shall issue a certificate in the Form
specified in Schedule 5 to this Act to the personal representative and a
duplicate of the certificate to the occupant, if any.

5. Assent

The personal representative may assent in writing to the vesting of the

residential holding or part of it in such person or persons as may be entitled to
it under this Act subject if appropriate to occupancy of the residential holding
in accordance with these Rules, but any writing purporting to effect the assent
shall be void unless the certificate issued under paragraph 4 of this Schedule is
recited in the writing and the certificate or a certified copy of it is annexed to
the writing; except that a purchaser for value front the personal representative
without notice shall not be concerned to see whether the certificate has been
issued or not.

6. Registration

(1) Occupancy of a residential holding hereunder shall be deemed to

be an interest in land capable of protection by a caveat under the Registration
of Titles Act, and the interest of any other person in the residential holding
shall be subject to that interest and shall be incapable of alteration subject to
that interest; but the occupancy shall not be a tenancy.

(2) The occupancy referred to in subparagraph (1) shall not prevail

against a mortgagee under a mortgage created before the death of the intestate.

7. Residential holding subject to covenants, etc.

The occupant of a residential holding shall be bound by all covenants,

conditions and encumbrances to which the residential holding or any part of
it was subject at the death of the intestate and, in addition, shall perform and
observe the following stipulations and conditions—
(a) the occupant shall pay and discharge all existing and future rates,
taxes, charges, duties, assessments and outgoings rated, charged,
’©’*©©©*
9416 Cap. 268.] Successio}! Act

imposed or assessed upon the residential holding or upon its

owner or occupier and shall pay the rent and other payments
reserved by the lease, if any, under which the residential holding
is held;
(b) the occupant shall keep all buildings at any time situated on the
residential holding and all sewers and drains and the hedges,
fences and walls of the residential holding in good and tenantable
repair and condition and decoration, fair wear and tear only
excepted; except that the occupant shall be under no obligation to
put the buildings in a better condition they were in at the death of
the intestate;
(c) the occupant shall not assign, let, charge or part with or share
possession of the residential holding or any part of it;
(d) the occupant shall permit the person entitled to the legal estate in
the residential holding subject to the occupancy or his or her duly
authorised agent with or without workers and others at reasonable
times to enter upon and examine the condition of the residential
holding, and thereupon such person may serve upon the occupant
notice in writing specifying any repairs necessary to be done and
require the occupant forthwith to execute the repairs; and if the
occupant shall not within two months after sendee of the notice
proceed diligently with the execution of the repairs, then the
occupant shall permit such person to enter upon the residential
holding and execute the repairs and the cost of the repairs shall, if
the occupant continues to occupy the residential holding, be a
debt due from the occupant to such person and be forthwith
recoverable by action;
(e) the occupant shall farm any land on the residential holding which
is usually so farmed in a good and husbandlike manner and so as
not to impoverish or deteriorate the land and shall keep and leave
the land in good heart and condition;
(f) the occupant shall not cut or fell any timber on the residential
holding without the consent of the person entitled to the legal
estate subject to the occupancy except such as may be reasonably
required for domestic purposes by the occupant;
(g) the occupant shall not build or permit or suffer to be built or
erected any building on the residential holding nor make any
additions or alterations to any buildings on the residential holding
without the consent of the person entitled thereto subject to the
occupancy;
Succession Act [Cap. 268. 9417

(h) upon the receipt of any notice, order, direction or other thing from
any competent authority affecting or likely to affect the
residential holding or any part of it. whether the same shall be
served directly on the occupant or the original or a copy of it be
received from any other person, the occupant will so far as the
notice, order, direction or other thing or the Act, regulations or
other instrument under or by virtue of which it is issued or the
provisions of this paragraph require him or her so to do, comply
therewith at his or her own expense and will forthwith deliver to
the person entitled to the legal estate subject to the occupancy a
copy of the notice, order, direction or other tiling;
(i) the occupant shall not do or permit or suffer to be done anything
in or upon the residential holding or any part of it which may be
or become a nuisance or annoyance or cause damage or
inconvenience to the person entitled to the legal estate subject to
the occupancy or to the neighbourhood or by which any insurance
for the time being effected on the residential holding mav be
rendered void or voidable or by which the rate of premium on it
may be increased;
(j) the occupant shall not without consent of the person entitled to
the legal estate subject to the occupancy use the residential
holding or any part of it for any other puiposes than the purpose
for which it was used immediately prior to the death of the
intestate;
(k) upon the termination of the occupancy the occupant shall yield up
the residential holding and all additions to it and all fittings and
fixtures on it in good and tenantable repair in accordance with the
stipulation in that behalf set out in this section.

8. Termination bv events
V

(l) The occupancy of a residential holding hereunder shall be

terminated automatically on the happening of any of the following events—
(a) where the occupant is a spouse, upon remarriage or upon the
spouse voluntarily leaving the principal residence or misusing it
and putting it in disrepute;
(b) upon the death of the occupant or all the occupants;
(c) where the occupant is a minor of the intestate person, upon the
attainment of eighteen years of age and on attainment of eighteen
years of age, where applicable, subparagraph (1 )(d) or paragraph
8(2) shall apply, as the case may be;
9418 Cap. 268.] Successio}! Act

(d) where the occupant is a lineal descendant of the intestate person

and is above eighteen years of age but below twenty five years of
age at the time of the death of the intestate person, upon the
attainment of twenty five years of age ceasing to undertake
studies or on becoming married, whichever first occurs;
(e) upon the occupant or occupants ceasing to occupy the residential
holding for a continuous period of six months;
(f) upon surrender in writing signed by the occupant if adult or
endorsed by the court if the occupancy is by a minor or minors;
except that where any child or children of the description
contained in paragraph 1 was or were resident with and dependent
upon the occupant at the residential holding immediately before
such event, the occupancy shall not terminate but the child or
children shall succeed to it.

(2) Where the intestate person is survived by a lineal descendant who

has a disability specified in paragraph 1(1 )(d) and who is dependent on the
intestate person for his or her livelihood, the lineal descendant who has a
disability shall be entitled to occupy the principal residential holding for the
duration of his or her lifetime, except where provision for the accommodation
of that lineal descendant, at the same station in life, is made.

9. Termination bv court order

V

(1) Any court having jurisdiction over the residential holding, having
regard to its value upon application by the registered proprietor for the time
being of the holding or any part of it, may order the termination of the
occupancy of the residential holding or any part of it upon proof of existence
of any one or more of the following grounds—
(a) that the occupant has persistently failed to comply with one or
more of the provisions of paragraph 7;
(b) that suitable alternative accommodation is available for the
occupant and any persons resident with and dependent on the
occupant who would suffer no hardship by occupying the
alternative accommodation instead of the residential holding;
(c) that no hardship would be occasioned to the occupant or any
person resident with and dependent upon the occupant if the
occupant is paid a sum of money to be assessed by the court
instead of being permitted to occupy the residential holding or
Succession Act [Cap. 268. 9419

part of it as the case may be and the applicant will immediately

pay that sum to the occupant.

(2) The court shall not be bound to order the termination even where
someone or more grounds as above exist.

(3) Where such application is made within one year from the death of
the intestate and where there is any other person or persons who would have
been entitled to occupancy but for the existence of the occupant, such person
or persons shall be made party to the suit and the court may, after hearing such
evidence in the matter as may be presented, order that the occupancy shall
pass from the occupant to such person or one or more of such persons.

(4) A person entitled to occupancy under this paragraph who is

aggrieved by the decision of the court may within thirty days appeal against
the court’s order.

10. Offences

Any person who, prior to the issuance of a certificate under paragraph 4,

evicts or attempts to evict front or does any act calculated to persuade or force
any spouse or child of the intestate to quit a residential holding, who normally
resided there at the date of death of the intestate, commits an offence and is
liable, on conviction to a fine not exceeding seventy two currency points or to
imprisonment for a term not exceeding three years, or both.
9420 Cap. 268.] Successio}! Act

Schedule 4
Section 38
Statutory Will Form
The Succession Act
1. Name of person making will Name
Address

2. Names of executors or executrixes

3. Appointment of hen or heiress

4. Name of guardian or guardian of young

children
Property
5. Names of persons who are given Names given
specific gifts in this will (which can
be money, land or other property)

6. Names of persons who are given a Names Share

share in the will maker’s property or if given
gifts have been given in paragraph 5
the property left after the gifts have
been given
7. Signature or mark of will maker
8. Signatures or marks of two witnesses Witness 1
and their names, addresses and
occupations Signature or mark
Name
Address

Occupation
Witness 2

Signature or mark
Name
Address

Occupation
Succession Act [Cap. 268. 9421

Schedule 5
Schedule 3 para 4
Form

Republic of Uganda

Certificate of Occupancy

In the High Court of Uganda at

Probate and Administration Cause No. _____________________________ .

Be it known that ______________________________ of ______________

in the district/area of _________________________________ is certified/
there is no person entitled to be the lawful occupant(s) under section
22 of, and Schedule 3 to, the Succession Act of the land known as
_______________________________ and registered at the Registry of
Titles under Title No. ________________ delineated in the plan annexed
hereto and edged red.

(Court seal)

History: Cap. 139 (Revised Edition, 1964); S.I. 135 1968; Decree 22/1972;
Cap. 162 (Revised Edition, 2000); Act 3/2022; Act 17/2023

Cross References

Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 263

Administrator General’s Act, Cap. 264
Children Act, Cap. 62
Penal Code Act, Cap. 128
Persons with Disabilities Act, Cap. 115
Registration of Titles Act, Cap. 240
Uganda Peoples’ Defence Forces Act, Cap. 330