The law of succession is connected with the devolution of a person’s estate the inheritance law is governed by the Succession Act Cap 162. Part XXIX of the succession Act CAP 162 Grants probate and instrument of authority (letters of administration) to execute the functions of the office of the administrator general Definition of: Probate and letters of administration. Probate Probate is the process of officially proving the validity of a will. It is a court supervised process of the validity of a last will and testament created by a testator or deceased person. Probate is also referred to the process of following the terms of the last will and testament: state laws and administrative procedures in setting the probate estate. Letters of Administration: This is a formal instrument of authority and appointment (court order) authorizing or granting a person (administrator [if male] or administratix [if a female]) to manage or distribute property uf a deceased who did not make any such arrangement in his or her will or died intestate. Grants of probate: section 180 of the Succession Act. If a person dies testate, on the other hand, if there is a will and there are named executors then they will need a grant of probate. In a valid (legal) will grants probate are normally granted to the executor will administer the estate subject to the wishes of the deceased person vests in him or her as such. Probate can only be granted to the appointed executor by the will (section 182 of the succession Act), the appointment of an executor may be express or by necessary implication, i.e. in the case of: Rev. James Kyamukama & Another Vs Catherine Zaribwede &Another (HCT – 00 – CV – CS – 1144 – 19971; the plaintiff filed a probate and administration case No. 331 of 1997, seeking to be granted probate of the will of the late Charles Zaribwede who passed away on 6th May, 1997. Hon. Judge Lameck No Mukasa, made grant in favour of the defendants who lodged a caveat on the application contesting the genuineness of the document attached claiming to be the will of the deceased; to administer the descendent estate in favour of the 1st defendant jointly with the three children of the late Charles Zaribwede. Hence probate can be granted to several executors, or granted to them all simultaneously (section 185 of the succession Act). Only minors and persons who are mentally deranged (unsound mind) can not be granted probate (section 184 of the succession Act Cap 162). If a codicil is discovered after the grant of probate court will grant a separate probate of that codicil to the executor and in case of appoints deferent executor by the codicil, the probate of the will shall be revoked and a new probate granted of the will and the codicil together as per section 186 of the success Act; in case the probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors. Requirements of the probate The Administrators General Act Section 5 (1) Cap 162, lays the procedure in order to claim for probate, upon decedent’s ownership of his property, assets and personal effects that must be passed on to the beneficiaries (heirs) listed in the will. An advertisement is made by court in the news paper calling on any one who has any objective to the will or the people or person who has applied. An application must include for example proof of death like the death certificate and a copy of the will. It then become a public document open for inspection to any person who may wish to examine it. Court shall in return require that you issue a notice in the gazette to alert all persons interested in the estate of your application. It must also appear in the recognized news paper registered as such at the general post office. When there is no objection made to the court within 14 days after the advert, then probate will be granted to the executor appointed by the will respectively and then court will consider the following; That the will is valid is not forged and properly witnessed. They are no disputes on property named in the will, That the executor appointed is a capable person (s) to carry out the wishes of the testator and That the testator has named all dependents. How ever: a dependant relative is one who depended solely on the deceased. And a dependant relative or other beneficiary who is not provided for in the will by the testator may apple to court to challenge the will. Debtors and creditors; The debtors are supposed to pay the executor what is owed. Creditors are also supposed to be paid from the Estate. The order of priority in payment of debt is as follows: Funeral expenses, medical fees; lawyers or court fees; Money due to employees and those who rendered serviced to the deceased within the last three months before his or her death. All other debts are paid in order of preference from the above. How to probate on estate; Section 235 of the Succession Act; confers jurisdictions in granting probate. The probate process has the consider the following steps to settle on estate of the decedents property. (Probate have effect of all the property and estate i.e. movable or immovable Sec. 242 (1) (2) of the Act ;) Appointing a personal representative (executor) to over see the disposition of the estate. Locating the decedent’s assets and protecting it. Determining date of death values – figuring out the date of the death values for all the descendant’s assets through account statements and appraisals. Identifying known creditors by locating all of the descendant’s creditors and then notifying them of the decedent’s deaths. Publishing a notice in a local newspaper to notify known creditors of the descendants death; Paying bills of the descendent final bills. Filling income tax returns and any estate income tax returns if the estate earns any income during the administration. Determining estate tax liability, if any estate taxes will be due. Paying any estate taxes and/or inheritance taxes, will be in raising the cash necessary to pay the taxes in a timely manner. Distributing the remaining balance to the beneficiaries after clearing all bills and taxes. Other circumstances where probate can be granted (Sec. 270 of the Succession Act) In case of sought of probate of a copy a lost will, probate may be granted of a draft as per section 208 of the Succession Act until the original or a property authenticated copy is produced; and incase of there is destruction or total loss, if there can be established evidence as per sec. 209 of the Act. Probate may be granted. Where the possesses of a will is outside Uganda and has refused or neglected to deliver it up, but with a copy of transmitted to the executor probate may be granted as per sec. 210 of the Succession Act. Probate can be limited to a purpose specified in the will as per sec. 210 of the succession act. Unless subject to exceptional, whenever, the case may require an exception be made, i.e. probate of a will, with the will annexed as per section 225 of the Act; shall be granted subject to exceptions. Revoking probates Grant of probate may be revoked by just cause Sec. 234 (1), (2) (a), (b), (c), (d) and (e) of the act. The jurisdiction to grant probate are exercised is the High Court; and district delegate have likely powers and authority to grant probate as by law versed in him or per sec 236 of the act. At the conclusion of the probate powers are granted sec 242(1) and (2) and an application for probate in verified as per sec 243 of the act where there is a petition for application for probate section 244 of the act lays down the procedures and sec 245 does the transaction of the will to be annexed to the will. Section 248 defines the portion of the probate. Letter of administration Under Intestate Succession: letters of administration serve as a formal document nominating a specific person (s) to take over, administrative, and dispose of the estate when in the no execution executor to carry out the testator. The inheritance law under section 24 of the Succession Act: defines intestacy as when a person dies without making a will or when a will is declared invalid by court or if it has been revoked by marriage subsequently to a will In such a case all the properly behind becomes part of the estate and is kept in trust by the personal representatives of the deceased duly appointed by the court. Any body with an interest in the deceased property can apply for letters of administration. Classes to beneficiaries. The law states that, in case of intestacy, only certain people can share his or her property. i.e. (i). surviving spouse (ii). children sec 2 (b) (iii). Dependant relatives sec. 2(b) (iv). Customary heir sec 2 (2) (v). legal heir 2 (n) Procedure of obtaining letters of administration In case of deceased dying without a will, sec 25 of the Succession Act, all property in an estate devolves upon the personal representative of the deceased upon trust for those entitled to the property under the succession act. When applying for letters of administration, the petitioner states whether the deceased at the time of his death was residing with in the jurisdictions of such a delegate. The letters of administration in application of the petition states the following Time and place of deceased’s death Family or other relative of the deceased and their respective residences The right of which the petition claim That the deceased left some property within the jurisdiction of the high court/ district delegate to whom the application is made ; and The amount of assets which are likely to come to the petitioner’s Jurisdictions to grant letter of administration (section 235 (1) of the Succession Act) Grant of letters of administration under the act is exercised by the High court and the Magistrate court in accordance with the administration of estate. Conclusiveness of letters of administration Letters of administration have effect over all property of and estate movable, immovable, of the deceased through out Uganda. And if conclusiveness of an application for letters of administration is made and verified (section 243 of the Succession Act) shall be conclusive for the purpose of authorizing the grant of administration. For example in the case of Administrator General Vs Akello Joyce Otti & Another: Civil Appeal No. 15 of 1993 the appeals arose from a dispute on which to administer the estate of the late Charles Otti. He died on 7th/1/1990 and he did not leave a will. The first and second respondents instructed their lawyers to petition High court for letters of administration on their behalf. The advocates wrote to the appellant asking for a letters of administration: the advocates wrote to the appellant asked for a letter of no objection to be included in the petition. The appellant did not instead applied for the letters of administration to the High court. Respondents then lodged caveat against the grants of administration to the appellant. Appellant filled a suit against the respondent for the “unlawful” objection for the grant of the letters of administration. In that suit (No. 128 of 1990) the following developments were reached:- An order vacating the caveat, granting letters of administration and an order to dispute estate to the person entitled. Reference Administrator Generals Act Cap 157 Succession Act Cap 162 What you should know about making a will, A legal publication of the LEGAL AID PROJECT, of the Uganda law society. 7