KEY CHANGES IN THE SUCCESSION ACT CAP 162 AS OF 2022

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Parliament has passed amendments to the Succession Act bringing in new provisions and aligning the law with recent court judgments that challenged the constitutionality of some sections.

While at the bill stage, Clause 21 of the Bill amended Section 2 of the Act by way of repeal, to remove distinctions between children, who were classified as those born in and out of wedlock for intestate estates. There are many more changes visible in inheritance portions of an intestate and in guidelines for a testator when drafting their will. 

Behold a summary of the Key changes in the Succession Act as of 2022

Intestate person

-Surviving spouse gets 20%

-Lineal descendants 75%

-Dependant results 9%

-Heir 1%

-20% of estate to be reserved for minors & dependant relatives.


Residential holding

1. Shouldn't be distributed 

2. Goes to Surviving spouse.

3. Once spouse dies house goes to linieal descendants who hold it as tenants in common 

Everything subject to the rights of occupancy 

If spouse was separated then not entitled to house. But if separation justifiable, can apply within 6 months for a declaration. 


Execution of wills

-Women can now make wills.

-Each testator must write their name on each page or page is null.

-Void of wills

-New grounds 


Administration of an intestate

1. Surviving spouse priority to administer estate except where AG thinks otherwise 

2. Administrators not to dispose of property without beneficiaries consent 

3. Any purchase made in contravetion of above is null n void.

4. Grants valid for 2 years except for AGs LOA which is 5 years.

5. Executor to apply for probate within 1 year lest beneficiary can apply for LOA with will annexed.

6. Guardians; 

Intermeddling

Exceptions; funeral expenses, children's necessities but can only do so for 6 months. 

It's an offence to get land in turn for estate services.


"Even though your mother & mother forsake u, the Lord will receive u" (Psalm 27:10)

AHIMBISIBWE INNOCENT BENJAMIN

(Entertainment Lawyer🎶)






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