An Appraisal of the Legal Roles and Liabilities of Executors and Administrators of Estates in Uganda

CHAPTER ONE

GENERAL INTRODUCTION

1.0   Introduction

2.0   The law of inheritance provides for the manner of inheriting property, the mode of distributing properties of deceased persons and how other related matters should be dealt with. If a person dies, there are various legal consequences, the most important of which will concern the status of his partner, if the deceased was married or had a civil partnership, and the distribution of any property the deceased owned. Property inheritance is where property is distributed to various people in the will by the testator with the assistance of his legal representative (counsel) 1 . Inheritance is the transmission of the right to property such as land and housing while succession means the transmission of all rights, duties and powers of the deceased, including her/his position. Inheritance focuses on the transfer of property from one generation to the next. Succession focuses on the transfer of rights and duties as well as property. It is where the owner creates a trust between himself and his legal advisor/representative that all the property he has is bequeathed to his family, relatives or charity can be disposed of by them after he is deceased or has passed on. Inheritance is governed by a written or oral will. In the later case an ageing father invites clan leaders to physically witness the distribution of his land to his children; to the heir (who retained the largest portion) and those sons who previously had not benefited from gifts of land (unmarried sons mainly). On his death, the clan elders are expected to implement the wishes of the deceased's land distribution according to their customs. The law governing property inheritance involves the distribution of the estate to the wife and children and other properties to other relatives.