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IUIU KABOJA FEMALE CAMPUS

COURSE FOR FAMILY LAW 2
ANKUNDA DASSY 421-053013-20648 &NAIGAGA RACHEAL
QUESTION TWO
With reference to the current Children (Amendment) Act 2016 and the Succession
Amendment Act, 2022, explain the following:
Form and contents of a valid Will
A will is a legal document by which a person, the testator, expresses wishes as to how his/ her
property (movable or immovable) is to be distributed at death, and names one or more persons,
the executor, to manage the estate until it’s final distribution.
The making of wills in Uganda is mainly governed by the succession Act of Uganda, Cap
162.
“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”
Unprivileged wills.
Except as provided by the Succession Act or other law for the time being in force, every testator
not being a member of the armed 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—
The testator 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;
the signature or mark of the testator 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;
the will shall be attested by two or more witnesses, each of whom must have seen the testator
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 have received from the testator a personal
acknowledgment of his or her signature or mark, or of the signature of that other person; and
each of the witnesses must sign the will in the presence of the testator, but it shall not be
necessary that more than one witness be present at the same time, and no particular form of
attestation shall be necessary.
Execution of unprivileged wills see section 50 of the succession act, Except as provided by this
Act or other law for the time being in force, every testator not being a member of the armed
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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 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 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
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 have received from the testator a personal
acknowledgment of his or her signature or mark, or of the signature of that other person; and
each of the witnesses must sign the will in the presence of the testator, but it shall not be
necessary that more than one witness be present at the same time, and no particular form of
attestation shall be necessary.
Section 57 of succession act Provides for Revocation of unprivileged will or codicil No
unprivileged will or codicil, nor 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 by some person in his or her presence and by his or her direction, with the intention
of revoking it.
Under Section 58of succession act, 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 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.
Privileged wills.
Any member of the armed 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 the will
may be written wholly or in part by another person, and signed by the testator, and in that case it
need not be attested;
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Mode of making privileged wills under section 52 of the succession act

(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 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, and
in that case it need not be attested;
(c) if the instrument purporting to be a will is written wholly or in part by another person, and is
not signed by the testator, it shall be considered to be his or her will if it is shown that it was
written by the testator’s directions, or that he or she recognized 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 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 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 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
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 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
has ceased to be entitled to make a privileged will.
Section59 of the succession act talks about the Revocation of privileged will or codicil
(1) A privileged will or codicil may be revoked by the testator, 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 by some person in his or her
presence, and by his or her direction, with the intention of revoking it.
(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
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the testator should, at the time of doing that act, be in a situation which entitles him or her to
make a privileged will.
A valid Will enables an individual initiate the process of planning their estate while they are
alive and even when they die.
Our experience in legal practice has been deceased’s relatives turning up with a Will that was not
signed or witnessed; some instances without executors or witnesses mentioned or the executors,
witnesses and beneficiaries being one and the same which can cause conflicts and make the Will
invalid.
There is no specific format which a Will must adopt, however, a testator must endeavor to
have the following contained in his/her Will:
All the names, full address and age of the testator.
Spouse’s full names (If married)
Children, their full names, and ages (if any)
Dependents, full names, and ages (both minors and adult dependents)
Executors (Two or more trusted individuals to execute your will)
List of your properties i.e. land, buildings, bank accounts, shareholding, vehicles, personal
effects. These must be described with as much accuracy as possible. If any of the properties is
co-owned, it should be mentioned and in what percentage.
Specific Legacies i.e. what would you like to give to whom. Note that land that is in Joint
Tenancy cannot be bequeathed to someone else if your joint tenant is alive, they have a right of
survivorship upon your death.
Matrimonial Home and how you want it treated (if married)
Customary Heir and if there are any detailed responsibility you need them to perform or are, they
just a figurehead.
Creditors, Debtors and other Obligations, Burial and Funeral arrangement, Details of other
matters you want addressed
Witnesses to the Will, at least two (2) or more persons who should not be the executors or
beneficiaries to the will, their professions, addresses and phone contacts
How you would like to treat property acquired after making of the will.
Where or with whom you would like to keep the different copies of the will.
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A valid will enables your loved ones know all your properties, investments and creditors which
may or may not be known to them thus avoiding loss of property you worked hard for while
alive.
Requirements of a valid will:

 It must be in writing, and state the particulars of the person making it.
 The will must be dated since the date is usually the point of reference as to its validity.
 The beginning of the will should state that it revokes all others. If you have an
earlier will, you should destroy it.
 The person making the will (testator) must have a sound mind.
 The testator must have made the will voluntarily and without pressure from anyone else.
 The will should detail the assets and liabilities of the testator as well as all family
members and dependents if any.
 The will should show how the testator intends to dispose of their assets and sort out their
liabilities.
 The will should provide for the heir or heiress.
 It should also appoint a person to take action as per the testators wishes – the executor.
 The will must be signed by the testator. In BROWN VS SKIRROW it was held that the
will was not attested on the ground that the testatrix did not sign in the presence of WC
even though W2 had been in the room when the testatrix signed.
 The will must be witnessed by 2 or more witnesses.

Appointment of Executors
Executor
An executor should also be named in a will. This is the individual who follows the instructions of
the will. If an executor is not listed, the court may appoint one.
An Executor is the person you appoint to administer your estate after you pass away. You are
trusting him or her to carry out your detailed instructions about what you want to have
happen with every asset you own. An Executor may also be referred to as a “Personal
Representative.”
Appointing a trustworthy Executor is important, not only for your peace of mind, but also to
ensure your estate is administered exactly as you wish, per your directions. If you fail to
appoint or name someone specifically, you’re essentially leaving the job up to the courts. If
you die intestate (without a Will), or you don’t properly appoint an Executor, the courts will
choose someone for you to perform all the duties necessary.
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The Executor of your estate is responsible for taking your Will to probate court after you
pass away. There, it will be validated, and at that time, the Executor can then move forward
with administering your estate. It can be a huge weight off your shoulders when you know
that someone you trust, who you selected, will have your best interest at heart and honor your
legacy.
The last portion of an Executor‘s job has to do with finalizing last minute, miscellaneous
affairs having to do with the estate owner’s passing. This could include things like notifying
the Social Security administration of the death, closing all bank accounts, canceling credit
cards and subscriptions, etc.
Who Can Be Nominated as an Executor?
Realistically, you can name almost anybody you trust to be your Executor. That said, he or
she must be a legal adult over the age of 18 that is according to Ugandan constitution of
1995, and generally shouldn’t be a convicted felon.
It’s not uncommon to appoint a family member, spouse, close friend, accountant or lawyer to
be your Executor. The person you appoint can also be one of your beneficiaries (and often
is), but it doesn’t have to be.
How To Choose the Right Executor for Your Will?
Choosing the right person to be an Executor is not always easy. Many people struggle with
finding someone they feel they can fully trust. There’s often a worry of hurt feelings or
contentious relationships coming to surface after you pass away.
It’s a good idea, if possible, to have an open and honest discussion with close family
members letting them know who you’ve selected. This is not a requirement, but particularly
if you think there may be some ill-will regarding your selection, it can be helpful to present
the news (and possibly the rationale behind your decision) ahead of time.
Ultimately, choosing your Executor is a very personal decision, but there are a few factors
you want to consider. Think about the following when making your decision – you’re
looking for someone who:
Is trustworthy
You’ve known for a while
You have a trusted relationship with
Isn’t significantly older than you
Is responsible
Has a good financial standing
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Has a good work ethic

Is patient and thorough
Is organized
Is emotionally stab

Not everybody will want to be an executor, so before making a will, it’s a good idea to think
carefully about who you are going to appoint as your executor. To help you decide, here are
some top tips for appointing executors:
1. Talk to your chosen executor before making a will
When making a will, you will be asked to choose up to four executors. Before the will is created,
you should have a conversation with each of your chosen executors to ensure they are happy to
take on the role. Being an executor can be a lot of work, and some people might prefer not to be
appointed. If they are willing to be appointed as your executor, the fact that you have spoken
with them means that it will not come as a surprise in the future.
2. Appoint trusted individuals
An executor will need to deal with your personal assets, which can hold significant financial and
emotional value. Furthermore, executors have a legal duty to act in the best interests of the
estate, rather than any personal interest. They may not even be beneficiaries of the will. For these
reasons, you must appoint executors who you trust, and who you can rely upon to deal with your
affairs responsibly.
3. Does your chosen executor have the time?
Being an executor is often a very time consuming role. We estimate that on average, the probate
process takes about nine-to-twelve months to complete, but it can take longer for more
complicated estates.
Probate isn't always needed, but even if probate is not needed, there are many other tasks to carry
out such as registering the death, arranging and paying for the funeral, and informing business
and organizations of the death. The position of executor can become a full-time job if the estate
is complicated, so you need check that your executor has enough time to commit to the role.
4. Consider using a professional executor
Some estates will be particularly complex. For instance, there may be Inheritance Tax to pay,
properties to sell, or foreign assets to locate. This can require specialist knowledge that can be
above and beyond the abilities of a lay-person.
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There can also be conflict between family members who may have differing opinions on the
correct approach to take. If you think having a neutral third party to deal with your estate would
be beneficial, you can always nominate a legal professional in your will to act as an executor.
Alternatively, your executors may seek help from specialist probate solicitors after your death to
assist with the administration of the estate. Having the help of a legal professional can give you
the peace of mind that an estate is being administered correctly, removing the responsibility from
family and friends.
5. What if your executor cannot act?
Sometimes your chosen executor will no longer be able to carry out the role, perhaps because of
illness or the loss of mental capacity. Or it may be that your executor has died before you. In
these situations it is important that you update your will to reflect the change in circumstances.
Otherwise when you die, one of your beneficiaries will be asked to step in to do this work
instead. This may not be the person you would have wanted to deal with your affairs.
We would recommend appointing more than one executor to mitigate this risk. An executor may
be appointed to administer the estate either solely or jointly with another person. If an executor is
appointed to act alone, it's still possible to name a second person as a substitute executor, who
can step in to act if the first executor is unable to.
If multiple executors are appointed to act jointly, this means they all need to make decisions
together. Another option is to appoint multiple executors to act 'jointly and severally' meaning
they can make decisions together and independently of one another.
If multiple executors are appointed, they can either administer the estate together or one executor
can choose not to act. The appointment of more than one executor will usually ensure that there
is at least one executor who can act if something were to happen to the other.
However, if you do appoint more than one executor to act jointly, it can sometimes be difficult
for them to agree on everything, and this can lead to unpleasant disputes. It's important to
consider this when appointing joint executors in your will. There are ways in which conflict
between joint executors can be avoided.

Revocation or annulment of Grants for a just cause

A grant may be letter of administration or a probate.
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Letter of administration is a court issued document that gives someone the authority to act as the
estate administrator. It is granted by court of competent jurisdiction authorizing the applicant
named in the application to administer the estate of the deceased person.
A probate is the legal document which gives authority to share out the estate of the deceased
according to the instructions of a will.
Section182 of the succession act Probate only to appointed executor Probate can be granted only
to an executor appointed by the will.
When someone dies without a will their estate typically go through a court legal process called
probate. But if one dies without a valid will, estate will go through the process of intestate
administration.
The process cannot go on until the court administers to oversee the management and distribution
of the estate.
One may need the letter of administration if;
The deceased died without a will
The deceased left a will but does not name the executor.
The deceased left a will but court deemed it invalid.

Under section234 of children acts ammended2016 explains the Revocation or annulment

for just cause.
The grant of probate or letters of administration may be revoked or annulled for just cause.
In this section, “just cause” means—
That the proceedings to obtain the grant were defective in substance;
That the grant was obtained fraudulently by making a false suggestion, or by concealing from the
court something material to the case;
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;
That the grant has become useless and inoperative through circumstances; or
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.
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Under section 263 of succession act 1925state the alteration and revocation of grants as
follows.
The grant of probate or letters of administration may be revoked or annulled for just cause.
Explanation.-Just cause shall be deemed to exist where-
(a) The proceedings to obtain the grant were defective in substance; or
(b) The grant was obtained fraudulently by making a false suggestion, or by concealing from the
Court something material to the case; or
(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to
justify the grant, though such allegation was made in ignorance of inadvertently; or
(d) The grant has become useless and inoperative through circumstances; or
(e) The person to whom the grant was made has wilfully and without reasonable cause omitted to
exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or
has exhibited under that Chapter an inventory or account which is untrue in a material respect.

Illustrations
(i) The Court by which the grant was made had no jurisdiction.
(ii) The grant was made without citing parties who ought to have been cited.
(iii) The will of which probate was obtained was forged or revoked.
(iv) A obtained letters of administration to the estate of B, as his widow, but it has since
transpired that she was never married to him.
(v) A has taken administration to the estate of B as if he had died intestate, but a will has since
been discovered.
(vi)Since probate was granted, a later will has been discovered.
(vii) Since probate was granted, a codicil has been discovered which revokes or adds to the
appointment of executors under the will.
(viii) The person to whom probate was, or letters of administration were, granted has
subsequently become of unsound mind.
It was stated in case of Mukisa v Nabukalu (Civil Suit 29 of 2016) [2019]that ,
Conditions that may lead the court to revoke the grant for Letters of Administration are
generally; if it is found that the process leading to the grant was faulty and if after the grant, the
grant has become useless and inoperative through circumstances, or that the holder failed to file
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an inventory. In my view this is premised respectively on the principle that whatever is done
without authority or done fraudulently has no base and will crumble; and that the grant provides
that the appointed administrators, ‘. . . having undertaken to administer the same and to
make a full and true inventory of the said properties and credits and exhibit the same in
this court. . .’ makes filing an inventory a court order, breach of which must be punished.

Persons entitled to Occupation of a residential holding occupied by the intestate

Intestate is the state where a person dies without having in forced the valid will or other binding
declarations.
S.26 of the Succession Act provides that;

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 therein, shall be held by his or her personal representative upon trust for his or
her legal heir subject to the rights of occupancy and terms and conditions set out in the Second
Schedule to this Act.
Part 1 of the Second Schedule to the Succession Act lists the persons entitled to occupy the
intestate’s house as under;

1 Persons entitled to occupation

1) In the case of a residential holding occupied by the intestate prior to his or her death, or her
principle
residence, any wife or husband, as the case may be, and any children, under eighteen years of
age if male, and twenty-one years of
age and unmarried is female, who are normally resident in the residential holding should be
allowed to occupy it.

Under section 98 of the Civil Procedure Act, the High Court has inherent powers to grant such
remedies as are necessary in the interests of justice and to prevent the abuse of court process.

The residential holding occupied by an intestate prior to his or her death as his or her principal or
other residence becomes the property of the surviving spouse(s) and the lineal descendants.
The residential holding of a deceased person shall devolve equally to the surviving spouse and
lineal descendants who were normally residents and any person who evicts or attempts to evict
them commits an offence and is liable to a penalty.
Section 26 of the succession act talks about the Devolution of residential holdings.
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(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 therein, shall be held by his or her personal representative upon trust
for his or her legal heir subject to the rights of occupation and terms and conditions set out in the
Second Schedule 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 the Second Schedule to this Act, shall be dealt with in accordance with
the remaining provisions of this Part.
(3) 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.
(4) Any person who is aggrieved by any decision of the personal representative under
subsection(3) may appeal from the decision to a magistrate.1

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(STARSKY, 5TH EDITION)
(ROGERS)
THE CHILDREN ACT CAP 59
THE SUCCESION AMMENDMENT 2022
CASE LAW