KEY CHANGES IN THE SUCCESSION ACT CAP 162 AS OF 2022

-

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 LawyerđŸŽ¶)






Comments

Post a Comment

Popular posts from this blog

Amend the citizenship laws of Uganda; So many Ugandans are stateless.

-
Image
Citizenship is a legal status that grants an individual rights and responsibilities in relation to a state. For emphasis, it is between state and individual (not state and ethnic community or tribe). According to Article 10, a person who was born in Uganda and whose parents are from one of the ethnic groups that were present in Uganda as of 1926 is considered a citizen of Uganda by birth. In Uganda, there is no known registry of ethnic community members. There is no citizenship origin that dates from 1926, and 1926 has no legal significance in Ugandan citizenship. In my percipience, it seems to have been strongly intended to keep some individuals from different areas out. Upon a careful construction of the said article in relationship with the third schedule to the Uganda Constitution 1995 and for the reasons stated herein, I think the time is exact for government to consider an amendment of article 10 provide for the citizenship, identification and certification of borderline and ot...
Read more

SETTING ASIDE AN EX-PARTE JUDGMENT IN UGANDA

-
IS IT POSSIBLE TO SET ASIDE AN EX-PARTE JUDGMENT?  Often times in my interactions with law students, I have been asked questions like; what can I do for my client if the other party obtains an ex parte judgment in my absence? To clear the inquisitiveness, I have published the approach for this situation; Order 21 rule 1 requires that in suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or on some future day, of which due notice shall be given to the parties or their advocates. However, it’s trite to note that in certain instances, only one party could be available in court. A judgment once pronounced in such a situation is referred to as an ex parte judgment. Court may decide to proceed with for instance the plaintiff’s matter when the defendant refuses or by any other reason, fails to enter appearance in courts of law.   A judgment per se, is construed to me...
Read more

Doctrine of Approbation and Repprobation in Uganda

-
Image
The maxim of ‘approbate and reprobate’ reflects the principle whereby a person cannot both approve and reject an instrument, often more commonly described as blowing hot and cold.  Watch the doctrine summarized here The doctrine of approbate and reprobate in common parlance can be understood to signify the proverb that ‘you can’t eat your cake and have it too!’. It traces its roots to laws of Scotland and is essentially a principle of equity. It is further based on the rule of estoppel. .Further,the principle of approbate and reprobate is based on the maxim “allegans contraria non est audiendus”, which means that when one utters statements contradictory to one another the same shall not be heard. In Scots Law The Scottish doctrine of approbation and reprobation provides that a person cannot both assert his rights acquired from part of a document and reject the rest of the document at the same time. In practice, the application of the doctrine has traditionally been limited to the a...
Read more