PROCEDURE FOR OBTAINING LETTERS OF ADMINISTRATION IN RESPECT TO THE DECEASED’S ESTATE IN UGANDA.

PROCEDURE FOR OBTAINING LETTERS OF ADMINISTRATION IN RESPECT TO 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.

• 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.
• We have two types of Letters of Administration that can be applied for in this context:
• Letters of Administration without a will –this is where deceased died intestate ie the deceased died without making a will
• Letters of Administration with the Will annexed – with this deceased left a Will but he or she did not nominate an executor, executrix or else if he nominated, the person nominated has declined to apply for a grant of probate or has since died.

The following are the steps that one may take to obtain letters of administration in Uganda:

• Family members of the deceased should convene a meeting to choose the person in whose favour letters of administration should be granted (administrator).
• The family appointed administrator should then apply for certificate of no objection from the administrator General if he or she is not a widower or a widow respectively to the deceased see the post on how to obtain for certificate of no objection.
• Obtain the death certificate of the deceased.
• Prepare the following:
• a list of deceased’s known beneficiaries,
• List of assets, liabilities comprising the estate.
• Identification documents of the applicant.
• Upon obtaining certificate of no objection from administrator General. Approach a lawyer of your choice to prepare for you a petition for letters of administration and the affidavit attached.
• The petition with all the attachments are filled in a competent court in Uganda for consideration of grant of the letters of administration
• When you file petition for letters of administration, a 14 days’ notice shall be given to you for purposes of publishing in one of the news papers in Uganda.
• After the expiry of the notice period you will need to appear for identification
• If there is no objection to your petition at the end of notice period, Court will proceed to identify you and determine your petition.
• Court will then grant you letters of administration if it finds you fit and proper person to administer the estate.

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.

For specific technical / legal transaction advice on this subject matter and related subject, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.
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