KAMPALA INTERNATIONAL UNIVERSITY
SCHOOL OF LAW
YEAR: TWO
SEMESTER: TWO
COURSE: LLB
COURSE UNIT: FAMILY LAW 2
CODE: LLB
LECTURER: CSL NAMBOZO SHARON
NAME REG NO SIGN
1 NABAGESSERA MERCY 2022-04-10047
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2 KIZZA ISAAC SSENYENDO 2022-04-10374
3 SIBEKE CHARLES 2022-04-10164
4 MUSONGOLE ERIYA 2022-04-10482
5 OKWARE WALTER PETER 2022-04-10339
6 EYORU LYDIA 2022-04-10219
7 ANENA CAROLYN 2022-04-10503
8 KADONDI GLORIA 2022-04-10474
REVOCATION OF LETTERS OF ADMINISTRATION
According to the black’s law dictionary 8th edition at page 2653,
defines letters of administration as a formal document issued by a
competent court to appoint the administrator of an estate who died
intestate. Letters of administration refers to legally binding documents
that court issues to a person whom the family members have
appointed to manage and distribute the estate of a person who died
intestate. An administer was defined under section 180 of the
succession Act cap 162 as legal representative of all properties of the
person, and all the property of the deceased person vest in him or her.
Section 201 of the Succession Act Cap 162, provides for the
categories of people who may apply for letters of administration
among them include;
Those who are connected with the deceased by marriage or
consanguinity. Therefore, Section 19 of the Succession Act
defines consanguinity as a connection or relation of persons
descended from the same stock or common ancestor.
The widow or widower is given priority over others.
In the case of Lucky Monica Akulo vs Michael Kilega, she was a
widow of the deceased and filed an application for grant of letter of
administration of the deceased’s estate. Her application for the grant
was challenged by the mother and his siblings of the deceased. They
gave three reasons why they challenged;
I. That the window was a young lady who was likely to remarry
anyway
II. She had no love for her step children left by the deceased
III. It was centrally to a choli custom to administer estate of the
deceased before the final funeral rites have been performed.
It was held by Justice Okello that under Section 201 of Act, where
the deceased died interstate, letters of administration must be granted
to his widow unless Cort sees cause to exclude her. Further it was
stated that this section was mandatory and that in the intestate case,
there was no evidence to disqualify the widow.
Section 36 of the amendment of succession act prohibits the grant of
letters of administration to minors but where the interstater is survived
by a child only and does not expressly appoint an administrator but
appoints the guardian for the child, therefore the guardian shall
become the executer or executrix of the will of the deceased person.
CIRCUMSTANCES UNDER WHICH LETTERS OF
ADMINISTRATION MAY BE GRANTED
According to section 197 Succession Act Cap 162 Succession Act
Cap 162, subjection to section 4 of the administrator General’s Act,
when the deceased has made a will;
a) But has not appointed an administrator
b) who is legally incapable who refuses to act or has died before
the testator or before he or she has proved the will
When the executor dies after having approved the will before he
or she has administered the all the estate of the deceased.
Therefore, a universal or residuary legatee may be admitted to
prove the will and letters of administration with a will annexed
may be granted to him or her with the whole estate.
PROCEDURE FOR APPLICATION OF LETTERS OF
ADMINISTRATION
1. Obtaining a death certificate to prove the
death of the deceased person. If the
deceased died from the report may be issued
by the doctor or if the it was in any place,
2. Introductory letter from the Local council I. The LC1 should
make a report proving that the person actually died. A file is
opened after reporting the death of the deceased under Section 4
of the Administrator General’s Act Cap 157 and the officer
from the Administrator General’s officed sign to that file.
3. Convening a family meeting. This is composed of every one
who has a legal or equitable interest in the estates of the
deceased. In this meeting administrator is appointed to manage
the estate of the deceased.
4. Application of certificate of no objection by the
administrator. Under section 5 of Administrator General’s
Act which authorizes the applicant to go to court to begin the
process of applying for letters of administration. Widow or
widower have a right to administer the estate of the deceased but
go direct to the court for grant of letter of administration.
5. Payment of filing fees. this involves payment of prescribed fees
to obtain letters of administration.
6. Lodging the application to court of competent jurisdiction for
the administration of that for the administration of the that
particular estate. The court applied to is determined by the value
of the deceased estate that is if its above 50 million and above
you go to high court, 21-50 million you go to magistrate court
7. Once an application is lodged to a court of competent
jurisdiction, the matter is gazette for 14 days to alert the public
about the applicants request to administer the estate of the
deceased. It is at the discretion of court to determine whether the
paper has a wider circulation, this is illustrated in the case of
David sejeka nalima v Rebeca musoke, in this case court stated
that 144 days must expire before the grant of the letters of
administration.
APPLICATION FOR LETTERS OF ADMINISTRATION
The application is made by way of petition written in English
language and stating
a) The time and place the deceased death
b) 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 r the district delegate to whom the application is
made
e) The amount of assets which are likely to come to the petitioners’
hands and when the application is to the district delegate, the
petition shall further state whether the deceased at the time of
his or his death resided within the jurisdiction of the delegate
REVOCATION OF LETTTERS OF ADMINISTRATOR
Section 234(2)(d) of the Succession Act permits courts to
revoke letters of Administration that have become “inoperative
“to ensure proper administration of the estate and interests of all
beneficiaries of the estate. A grant may have been properly
made but for a reason that has occurred as a result of
consequential events, may req1uire a court to revoke such grant
for necessary for practical reasons.
For instance, in the galbraithy case the court revoked the
letters of administration of on account of the mental incapacity of
the administrators.
Pursuant to Section 234 (1) of the succession act, the letters of
administration any be revoked or annulled for just cause.
Just cause is defined to mean:
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. In Romano salim ogwanga and 5 ors v
saida Otala HCCS NO.20 of 2005, Justice Remmy Kasule stated in
order to impeach the letters on grounds of fraud, the fraud must
be specifically pleaded and the allegations of fraud must be
specifically pleaded and the allegations of fraud must be strictly
proved. The standard of proof is more than a mere balance of
probabilities.
c) That the grant was obtained by means of untrue allegation of
a fact essential in point of law to justify the grant, though the
allegations was made in ignorance or inadvertently.
d) That the grant has become useless and inoperative through
circumstances.
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 material respect
DUTIES AND RESPONSIBILITIES OF AN
ADMINISTRATION
Under section 277 0f the succession act provides that it’s the
duty of the executor to perform the funeral of the deceased in
the manner suitable to his or her condition, if the deceased left
the property sufficient to that purpose.
And administrator should make an inventory or record of the
full facts of the deceased property as provided under section 278
of the succession act, for instance the property which the
deceased left, the amount of money he was owed in debt on the
estate and exhibit the inventory within 6 months of the grant of
letters of administration
Duty to collect debts and property of the deceased with
reasonable diligence this is in line with section 279 of the
succession act which also lays down debts that were due to him
or her at the time of his or her death
Section 280 oof the succession act deals with the priority to be
given in payment of expenses. The first priority would be given
to funeral expenses, and they include medical and mortuary
expenses
Costs and Expenses related to judicial proceedings necessary for
administering the estate that is to say legal fees for granting
letters of administration or lodging a caveat, this is provided for
under section 91 of the succession act
If the deceased had domestic helpers, those people should be
paid at least their 3 months’ salary. Therefore, under section
282 of the succession act provides for services rendered to the
deceased within 3 months proceedings among them include
domestic servant are next to be paid and other debts of the
deceased.
Therefore, the administrator bares the duties as laid above and
therefore according to section 333 of the succession act states
that if the administrator neglects his duty as mentioned above,
the administrator shall take person liability that is he will
personally be liable
CONCLUSION
Therefore, under section 234 of succession Act, application for
revocation of letters of Administration is made by way of notice of
motion accompanied by the affidavit of the applicant. This is to
administer the estate of the deceased person who died intestate, left an
invalid will, when he or she has appointed an administrator who is
legally incapable as discussed above.
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