Dying Without a Will: Consequences for loved ones

This is because without a valid will, the court must appoint an administrator to handle the person’s estate. Given the stagnation of the Ugandan justice system, where it takes on average at least three years for a case to be decided, this can be time-consuming, expensive and even frustrating for the bereaved family as they try to keep track of the letters. The administration will continue to manage the deceased’s estate.

One of the most important reasons for having a valid will is to make court proceedings easier.

A will is a written document that outlines how a person’s assets should be distributed upon their death.

Legally, dying without leaving a Will is known as dying intestate, and dying when you leave a Will is known as dying intestate.

Mr Sam Mugisha, Acting Registrar of Legal Education, Public Affairs and Research at the Judicial Service Commission (JSC), explains that when a person dies, whether he left a will or not, his estate is immediately administered by the public trust. / General Administrator office.

Receiving administrative letters

He adds that if the deceased did not leave a will and still has an estate, those closest to them can begin the process of obtaining letters of administration.

Mr. Mugisha says they started by determining among themselves who would follow up on management letters.

“The choice is given to the person closest to the deceased: his or her spouse, children or parents,” he says.

Mr. Mugisha adds that a family meeting is held to determine who the deceased’s actual children, estates and relatives are.

“Once these issues are determined, the Director General issues a no-objection letter, paving the way for an application for administrative writs to the Supreme Court,” he explains.

“When you apply to the court, you advertise in the media that so-and-so is seeking a letter of administration, and if the given time period (14 days) passes without any members of the public objecting to this process, the court will proceed with the decision. letters of administration issued to the eligible person(s) who will be the administrator of the property,” adds Mr. Mugisha.

He said that once writs of administration are issued, those acting in that role must prepare an inventory with the court within six months detailing how they distributed what the deceased left behind, and that the powers of attorney are valid for up to two years.

Unlike the previous law, the amended inheritance law now prohibits the sharing of the marital home and its being under the guardianship of the surviving spouse. Until he dies, that is, his descendants and children can take over this duty.

Likewise, when a person dies without leaving behind a valid will, the estate of the deceased is assessed, says Mr. Henry Kuloba Wesaka, deputy general manager at the office of the General Administrator.

He says if the value is more than Shs50 million, the family of the deceased must go to their office to start the process of obtaining administrative letters.

“Finally, the Administrator-General issues a no-objection certificate to the selected individuals, who then apply to the Supreme Court for writs of administration,” he explains.

The Amended Succession Act 2022 says that in the distribution of property left by a deceased person who did not leave a valid will, 75 percent of the inheritance should be given to his/her own children, 20 percent to his/her surviving spouse, and 4 percent to his/her surviving spouse. one percent belongs to dependent relatives and one percent to the heir.

Speaking to our sister television NTV-Uganda recently, lawyer Mr. George Musisi said that the law makes it a criminal offense to distribute the property of the deceased without permission from the court.

If the person dies without a next of kin, he says, they will have to see how far they can push extended family to find a blood relative in their lineage.

Chief Executive Officer of the Legal Aid Service Providers Network (LASPNET). Sylvia Namubiru Namukasa says that if the deceased leaves behind children who are still attending school, they must deduct 20 percent from the 75 percent share allocated to them by law. to complete their education.

Since Mr Mugisha’s main job is to inform the public about the application of the law, he says the majority of those he comes into contact with are uninformed about the law of inheritance.

He says that usually when people die, relatives primitively divide the small property left behind by the deceased to satisfy their selfish interests, not the law.

“They do not carry out formal processes with the General Manager and then the court. “This practice constitutes a criminal offense called interfering with the estate of the deceased,” he says.

The crime of interfering with the property of a deceased is a serious crime in Uganda and, if found guilty, a person may be liable to a fine not exceeding 1,000 currency points (equivalent to Shs20m), imprisonment not exceeding 10 years, or both.

Mr Mugisha has since appealed to the public to always abide by the law, even when seizing property from the dead.

“Everyone’s property is protected even in death. There is no free property, and law and rights protect all property; So let’s avoid breaking the law, which has serious consequences,” he urges.

He continues: “So our appeal to people is to obey the law in order to have safe and secure societies.”

Can the family home be dissolved?

The family home, its contents and surrounding land cannot be distributed under the Will unless the testator has made reasonable arrangements for the accommodation of the deceased’s spouse and children who were living in the same home at the time of his death. death.

So what if the executor is not mentioned in the will?

If the will does not mention an executor in the will, the person chosen after a family meeting will need to go to the General Administrator’s office to obtain a no-objection certificate which will allow them to process letters of administration from the court.

Yes, all or part of the content can be changed. A separate document stating that changes have been made to the old copy of the will must be attached and all your witnesses, including him, must sign it.

Situations that require changing the will – If a will was made when you were single, a new will must be made when you get married – If the person who prepared the will has more children or dependents – If the person is divorced and remarried.

RULES FOR WRITING A WILL

1 Year old. Anyone over the age of 18 can prepare a will.

2 Languages. The law allows a person to make a will in the language of their choice.

3 Heirs. The law also allows a person to leave his property to the person(s) he wishes. However, there are also people who cannot be left in the will; children, wife(s) or husband, parents and close relatives who depend on the person for their ordinary and basic needs of life. However, if any of the categories of persons mentioned above are intended to be excluded, the reasons for this must be stated in the will.

4 Signatures. It is important to sign one’s will at the bottom of each page and also on the last page. The will must be signed in the presence of at least two witnesses who are not beneficiaries of the will in question. Witnesses do not need to read the contents of your will and must be over 18 years of age.

5 Witnesses. The witness must also sign the will in each other’s presence.

6 Custody. At least two or more copies of the will should be prepared and kept separately with the person’s banker, religious leader, lawyer, spouse, trusted friend, or any other person of the person’s choice.

– Use common sense when writing the will.

– Not to be under the influence or control of any person who would deprive the testator of his freedom of thought.

What should be included in a will?

-History. – Name of the testator. -Names of spouses.

-Names of dependent relatives.

– Signature or fingerprint of the testator.

– Signatures and fingerprints of at least two adult witnesses who do not benefit from the property.

-Describe all the characteristics of the deceased with relevant details. -An executor who will distribute the goods.

– Names and addresses of the people to whom the testator gives property.

-Any debts and amounts.