It is worth noting that section 201 and 202 of the successions act state that “letters of administration are only granted to one only if they are connected with the deceased either by marriage or by consanguinity they are entitled to obtain letters of administration of his or her estate and effects in the order and according to the provisions hereafter contained, whereas Section 202 of the Succession Act states that Subject to section 4 of the Administrator General’s Act, Letters of administration shall be granted to the person entitled to the greatest proportion of the estate under section 27 of the Act.
Therefore, a wife as defined under Section 2(w) of Succession Act a “wife” means a person who at the time of the intestate’s death was— (i) validly married to the deceased according to the laws of Uganda; or (ii) married to the deceased in another country by a marriage recognized as valid by any foreign law under which the marriage was celebrated.
Whereas Section 2(K) of Succession Act defines a “husband” who means a person who at the time of the intestate’s death was— (i) validly married to the deceased according to the laws of Uganda; or (ii) married to the deceased in another country by a marriage recognised as valid by any foreign law under which the marriage was celebrated.
In the event that either of them has illegitimate children, they are also entitled to inherit some of the husband’s property as seen in illegitimate children. Due to the current position of the law as held in the case of Kajubi v Kabali where court took judicial notice of the fact that getting children out of wedlock was so common and widespread that discrimination between legitimate and illegitimate children would be detrimental to a larger section of the community and thus contrary to natural justice.
The Law as regards to widow inheritance of the deceased’s property states that the widow is eligible to apply for letters of administration, as stated under Section 201 of the Succession Act, that those who are connected with the deceased either by marriage or consanguinity are entitled to obtain Letters of Administration or probate. This view was also observed in the case of Cissy Nabakara v. Alexandria Kalemela, where court noted that the widow is the most appropriate person to administer her late husband’s estate. That view is similarly reflected in the case of Francis Ndugga V Rita Nansikombi it was held that in appointing an administrator, such factors as the consanguinity, nature of the interest, safety of the estate, and the probability of proper administration have to be taken into account.
Therefore, widow or widower must have reported the death to the Administrator General as provided for under section 4 of the Administrator General Act When a person dies in Uganda, the agent of the area in which the death occurs shall, upon receiving notice of the death or upon the death coming to his or her knowledge, forthwith institute inquiries to ascertain whether the deceased left any, and if so what, property in Uganda and shall report the death with full particulars as to property, as far as ascertainable, to the Administrator General.
Family members of the deceased should convene a meeting to choose the person in whose favor letters of administration should be granted (administrator).
It is worth noting that a widow doesn’t need to apply for a certificate of no objection (The rule governing a certificate of no objection is that an Administrator General has a mandate to issue a certificate of no objection basing on who is capable of administering the deceased estate(s) as to who has applied for grant of letters of administration. And thus placing on him the discretion on approving the application before the applicant proceeds to High court for approval of the grant of letters of administration as in David Sejjaka v Rebecca Nalima and closely referring to Section 5 of the Administrator General Act that provides for notice of application for letters of administration to be given to Administrator General, and that no grant shall be made to any person, except an executor appointed by will of the deceased, This same view has been upheld in the case of Muyingo & Anor v The Administrator General in which court made an order of mandamus against the respondent ordering him to issue a certificate of no objection to the applicants since the consent to grant the letters of administration shall not be unreasonably with held. As seen in the case where the respondents had unreasonably refused to grant the applicant a certificate of no objection for letters of administration.
Therefore as also stated in Administrator General v. Joyce Akello Otti, Court noted that a widow can apply for and obtain probate without reference to the Administrator General. It is worth noting according to Section 4 of the administrator general’s act gives the Administrator General the right to letters of administration,
With close guidance to section 4 (3) of the Administrator General’s Act which provides for who may apply for grant of letters of administration and that Upon receiving such report or upon such death coming to his or her knowledge, if it appears to the Administrator General that the deceased has left a will appointing the Administrator General as sole executor. This principle is well grounded in The Judicature (Administration of Estates) Rules, which require the applicant to serve a notice of intention to apply, proof of publication of such notice and a bond.
Therefore, with a death certificate, which is very important in proving that the applicant indeed is genuine and has proof of the deceased death. The widow can proceed to either high court or the chief magistrates’ court for grant of letters of administration as stated under Section 235 (1) of the Succession Act which state that jurisdiction to grant probate and letters of administration under this Act shall be exercised by the High Court and a magistrate’s court in accordance with the Administration of Estates (Small Estates) (Special Provisions) Act.
This implies that, the widow should take cognizant of the fact that her property should lie within the requirements stated under Section 1 (i) the Administration of Estates (Small Estates) (Special Provisions) Act this view has been settled in the case of David Sejjaka v Rebecca Nalima where it was observed that, ‘court had no jurisdiction since the value of the subject matter in issue exceeded the pecuniary jurisdiction of a Chief Magistrate as provided under Section 1 (i) of the Administration of Estates (Small Estates) (Special Provisions) Decree 1972. Therefore, held the trial judge, the grant of letters of administration was incompetent and of no legal effect, and accordingly they were annulled for want of jurisdiction Under S. 233 (b) & (c) of the Succession Act and S. 1 (4) of the Administration of Estates (Small Estates) (Special Provisions) Decree 1972.
However, if the widow intends to divide the property amongst the children, she should proceed under Section 27 of The Succession Act which states the procedure with which property can be distributed, this would be of great help in the event that (a) where the intestate is survived by a customary heir, a wife, a lineal descendant and a dependent relative, the customary heir shall receive 1 percent; the wives shall receive 15 percent; the dependent relative shall receive 9 percent; the lineal descendants shall receive 75 percent of the whole of the property of the intestate,
Whereas paragraph (b) states that in the event that the intestate leaves no person surviving him capable of taking a proportion of his property under paragraph (a)(ii) or (iii) of this paragraph, that proportion shall go to the lineal descendants;
And lastly the widow must be able to verify on (c) where the intestate is survived by a customary heir, a wife or a dependent relative but no lineal descendant— (i) the customary heir shall receive 1 percent; and (ii) the wife or the dependent relative, as the case may be, shall receive 99 percent, of the whole of the property of the intestate as seen in the case of In Re Kibiego, where it was held that the widow is the proper person to be granted letters of administration as the person entitled to the greatest share under Section 28 of the succession act and also more so when the children are minors. The court reasoned that.
More to the already stated above under Section 2 of The Succession Act, provides for where the intestate is survived by a customary heir, a wife and a dependent relative but no lineal descendant— (i) the customary heir shall receive 1 percent; (ii) the wife shall receive 50 percent; and (iii) the dependent relative shall receive 49 percent, of the whole of the property of the intestate;
]More to the matter as seen under Section 27 (3) which is to the effect that, where the intestate is survived by a customary heir, a wife or a dependent relative but no lineal descendant— (i) the customary heir shall receive 1 percent; and (ii) the wife or the dependent relative, as the case may be, shall receive 99 percent, of the whole of the property of the intestate;
That aside is the power to dispose of an executor the widow or widower can use to dispose of the property of the deceased as per Section 270 of the Succession Act which is to the effect that, ‘An executor or administrator has power to dispose of the property of the deceased, either wholly or in part, in such manner as he or she may think fit, subject to section 26 and the Second Schedule.’ As seen in the case of Walusimbi v Kaaya & Anor, It was held that executor or administrator assumes the role of legal representative when the grant is made.
Therefore as earliar stated the right to inherit property comes from the constitutional provision of article 31 of the constitution which provides for equal rights in also the property of the deceased as stated by Bbosa J in the case of Muwanga v. Kintu defines what matrimonial property as ‘There is always property which the couple chose to call home the are entitled is that property’.
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