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{UAH} BASICS ABOUT A WILL UNDER UGANDA LAWS

BASICS ABOUT A WILL UNDER UGANDA LAWS

1. A will should not be feared because you do not die immediately after making on
2. A will should be a simple document and you do not need to have much property to make one.
3. Once made properly, the wishes of the deceased will often prevail.
4. The person making a will is legally referred to as a TESTATOR
5. A person assigned to implement the will is legally called an EXECUTIONER
6. In Uganda, we have The Succession Act Cap 162 which provides for the property of a departed should be handled.
7. Property can be willed to anyone the testator wishes, including charitable organisations and companies. Spouses, children, both legitimate and illegitimate, but note that those who wholly depended on the deceased must be included.
8. Specifically, Section 36 of the Act stipulates the pre-conditions for a valid will.
i. A person must be of sound mind. That is, they must not be insane, drunk, too sick or too old to understand what they are doing.
ii. The testator must not be a minor that is must be eighteen years old and more.

WHY MAKE A WILL?
A will helps create clarity through explicitly stating who the beneficiaries are and the property distribution or how the property shall be dealt with upon ascending to glory (or descending to hell). One may even donate it to charity, church, mosque……

WHAT MUST BE INCLUDED IN A WILL?
The Office of the Administrator General had published a guide to will making in Uganda.However the following are important to note:
i. Any adult man or woman, disabled or able, with property and the right state of mind can make a will
ii. You can make it in any language.
iii. Name of the testator and other details such as place and date of birth their age, family lineage, and marital status, number of wives in the case of a man, number of children and the mothers or fathers of these children.
iv. All (PLEASE NOTE ______ALL) the property moveable or immoveable
v. Testator must sign or place their mark (say, thumb print) on the will.
vi. Please note that: Alternatively, another person could sign on the testator's behalf upon his or her direction.
vii. One will need at least two witnesses who are not beneficiaries to sign as witnesses to the will. And a required condition for them is that is that they must have seen the testator or his or her representative sign the will. Watch this. If they did not witness, then they must add another clause that they certify that the signature belongs to the testator.
viii. A date must be placed on the will.
ix. A will may have many dates since the testator may keep amending it and signing afresh without rewriting it all over again. For example one written today may be amended by adding a child delivered in December or a property gotten next year.
x. In such a case, the most recent date and this attendant provisions will be valid.
When you die, the executioner must ask for formal permission to execute the will from a court. This is done by the court publishing a notice so that it is sure there are no objections to the process.

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H.OGWAPITI
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"To announce that there must be no criticism of the president, or that  we are to stand by the president right or wrong, is not only unpatriotic  and servile, but is morally treasonable to the American public."
---Theodore Roosevelt

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