{UAH} YOU CANNOT GIVE MATRIMONIAL PROPERTY AWAY IN A WILL!!!

YOU CANNOT GIVE MATRIMONIAL PROPERTY AWAY IN A WILL!!!

Last year, the High Court of Uganda came out to say that it is unlawful for a spouse to give his/her matrimonial property in a will to the eldest child. According to the high court, it is unlawful to give away matrimonial property when the other spouse still lives and without their permission.

 WHAT IS MATRIMONIAL PROPERTY?

In Uganda, there is no specific law that defines what matrimonial property is, but the courts of law have defined it as that property which both the parties chose to call home, and which they have jointly contributed to. It should be noted that the courts have directed that the contribution need not be monetary only. Even non-monetary contributions like domestic services of taking care of the home is considered valuable by the court. Therefore even when one spouse provides all the monetary contributions and the other spouse being not in position to contribute financially to the home, but contributes in domestic services like cooking, cleaning, washing, that contribution is valuable in the eyes of the courts.

 WHY DID THE COURT RULE IN THIS WAY?

The court in its ruling cited that in the Constitution (the supreme law), both men and women have equal rights at marriage, during marriage and at its dissolution. Therefore, as death leads to dissolution of marriage, the surviving spouse has a right to inherit from the deceased's spouse property and is entitled to benefit from the estate of the deceased.

The court went on to state that it is unlawful for a spouse to bequeath matrimonial property to an heir without the other spouse's permission. As such, matrimonial property is passed onto the surviving spouse upon death and that surviving spouse has the right to deal with it in any way he or she deems fit.

 Therefore, it is important that you find something suitable to give your eldest son or to your heir and leave the matrimonial home out of your Will. It belongs to your surviving spouse. if you are interested in knowing more about the case above, it is Hebert Kolya v Ekiriya Mawemuko Kolya HCCS No. 150 of 2016.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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