PROCEDURE FOR OBTAINING CERTIFICATE OF NO OBJECTION FROM ADMINISTRATOR GENERAL FOR PURPOSES OF APPLYING FOR LETTERS OF ADMINISTRATION OF THE DECEASED’S ESTATE IN UGANDA.
Laws applicable
- THE 1995 CONSTITUTION OF THE REPUBLIC OF UGANDA AS AMENDED
- THE SUCCESSION ACT CAP 162
- THE ADMINISTRATOR GENERAL’S ACT CAP 157.
- REGISTRATION OF TITLES ACT CAP 230 (RTA)
- MARRIAGE ACT CAP 251
- AMONG OTHERS
Please note that the laws applicable depend on the nature of the parties as such you may be required to look at various laws.
- A certificate of no objection may be defined as a formal document stating that Administrator General has no objection or does not object to the holder of the same for purposes of applying for Letters of administration of the estate of the deceased.
- NOTE: a widow or widower does not need certificate of no objection from the Administrator General to apply for letters of no Objection.
- Registration of Titles Act Cap 230 Section 1(j) defines letters of administration as includes, in the case of the estate of a deceased African of Uganda, a certificate of succession or other document from a competent authority declaring the right of any person to deal with that estate, and “administrator” includes that person.
- Letters of Administration can also be defined as a legal document issued by the competent Court, which allows the administrator(s) to manage and distribute the deceased’s estate.
Below is how one may obtain certificate of no objection in Uganda.
- Family members of the deceased should convene a meeting to choose the person whose favour letters of administration should be granted (administrator).
- During family meeting, deceased’s known beneficiaries, assets , liabilities, members’ attendance and deliberations should be recorded on a piece of paper.
- Obtain the death certificate of the deceased
- Obtain Local council one recommendation/confirmation letter.
- Report the death of the deceased to the office of Administrator General.
- At the administrator general the file of the deceased’s estate shall be opened.
- The family appointed administrator if not a widow or a widower to the deceased should apply for certificate of no objection to the Administrator General with his/her/their identification documents and the above mentioned documents attached.
- Widow or a widower to the deceased does not require certificate of no objection to apply for letters of administration in respect to the deceased’s estate.
- The file shall be allocated to an officer at Office of Administrator General to handle it.
- The officer allocated to handle the file shall peruse through if need be he or she may call upon family members for another meeting to verify their stand on the administration of the estate.
- If all is well, certificate of no objection shall be prepared in favour of the applicant/applicants who shall pick it
Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.
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NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ.
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