Succession Act, Chapter 139 of the Laws of Uganda, as amended by Decree No. 22 of 1972

• Define a will and distinguish it from a Living Will / Advance Directive.
• Identify the legal framework governing wills and succession in Uganda.
• Explain who can make a will, including capacity requirements and special exceptions.
• Describe the essential contents of a valid will and the form it must take.
• Outline the duties of executors, executrices, and guardians named in a will.
• Calculate property distribution under intestate succession for different family scenarios.
• Explain Letters of Administration, the role of the Local Council, and the rules governing Residential Holding.
• Discuss the nurse's role in supporting patients and families around will-making and end-of-life planning.

🧠 Core Principle: A will is not about death — it is about protecting the living. It ensures that widows, children, and dependents are provided for according to the testator's wishes, not left to the uncertainty of customary law or state distribution. As a nurse, you may be the trusted professional who first raises this sensitive but vital topic.

A will is a written document produced by a person while they are alive, clearly instructing how their property and affairs should be managed or divided following their passing. It expresses the desires of a person regarding the distribution of their property among specific individuals or parties after their demise.

Legal Framework: In Uganda, the law governing inheritance is the Succession Act, Chapter 139 of the Laws of Uganda, as amended by Decree No. 22 of 1972. This legislation covers:

• The process of creating wills.
• Procedures following the death of a will-maker.
• The distribution of property when a person dies without leaving a will (intestate succession).

⚠️ Important Context: Customary laws and practices often prevail over legal provisions, leading to property distribution that may not adequately consider the welfare of widows, widowers, and children. This is why it is crucial for individuals to create a will during their lifetime — to ensure their property and assets are distributed according to their wishes, not arbitrary customs.

📝 Exam Tip — Will vs. Living Will: A Will deals with property and affairs after death. A Living Will deals with medical treatment decisions while alive but incapacitated. Do not confuse them in an exam. The Succession Act governs the Will; medical ethics and consent laws govern the Living Will.

📝 Exam Tip: Know the difference between Probate (there IS a will) and Letters of Administration (there is NO will). This is a classic exam question. Probate = Proof of Will. Letters of Administration = No Will, Court Appoints Administrator.

The definition of "wife" or "husband" in the Succession Act depends on legal marriage. Uganda recognises three types:

⚠️ Critical Point: The term "wife" in the Succession Act does NOT include individuals who had children with the deceased without being legally married. This means a woman who was not legally married (e.g., no customary, religious, or civil marriage) may not automatically inherit as a "wife" under intestate succession, and her children may still be entitled. This is a major source of injustice and why making a will is essential.

Any individual, whether male or female, married or single, can create a will if they meet the following criteria:

• Age: Must be 21 years of age or older.
• Sound Mind: Must be of sound mental capacity — able to understand the implications and consequences of making a will.
• Awareness: Must be aware that they are creating a will.
• Voluntariness: Must act voluntarily and without coercion, duress, or undue influence.
• Lucidity: Must not be too sick, under the influence of alcohol or drugs, or otherwise incapacitated at the time of making the will.

• Soldiers at war or marines at sea: The minimum age for making a will is reduced to 18 years.
• Persons usually deemed mentally incompetent: Can create a will during periods of lucidity — brief windows when they regain understanding and awareness.

• Is below 21 years of age (except soldiers at war / marines at sea).
• Lacks mental capacity at the time of making the will.
• Was too ill to realise they had not left a will (i.e., lacked awareness of the act).
• Was under duress, force, threats, or undue influence.
• Was under the influence of alcohol or drugs to the point of incapacity.

In such cases, the property will be distributed as if no will existed — i.e., according to intestate succession rules.

📝 Exam Tip — Testamentary Capacity: To have capacity to make a will, the testator must understand: (1) that they are making a will, (2) the nature and extent of their property, and (3) who their natural beneficiaries are (spouse, children, dependents). This is called the "Banks v. Goodfellow" test. If the patient is delirious from fever, sedated, or psychotic, they likely lack capacity. Document your assessment.

The formal requirements are strict. A will that does not meet these requirements may be declared invalid:

• Must be in writing. Oral wills (nuncupative wills) are generally not valid under the Succession Act.
• Can be handwritten by the testator themselves (holographic will).
• If the testator cannot write, they may dictate the contents to a trusted person who will transcribe it for them.
• Alternatively, a lawyer can be engaged to draft the will for a fee. This is advisable for complex estates.
• The will should be clear and unambiguous, leaving no room for misinterpretation.
• The testator must understand its contents and implications.

💡 Nursing Tip: If a patient in your care expresses a desire to make a will but is too weak to write, you can witness them dictating their wishes to a family member or scribe. However, you should NOT write the will yourself if you are named as a beneficiary or if there is any conflict of interest. Your role is to facilitate, not to draft legal documents.

A comprehensive will should include the following elements to prevent ambiguity, disputes, and legal challenges:

• Signature or Thumbprint: The will must be signed or thumbprinted by the testator on every page and again on the final page to indicate approval and authentication.
• Witnesses: At least two witnesses must sign. Witnesses must:
  • Be of sound mind.
  • Be 21 years of age or older.
  • NOT be beneficiaries named in the will (to prevent conflict of interest).
• Witnesses do NOT need to read the will — they only attest that the testator voluntarily made it while of sound mind.
• Language: The will can be written in any preferred language as long as it is well understood by the testator and expressed in simple, clear language.

📝 Exam Tip — Mnemonic for Will Contents: "I Date Every Guardian My Children Before Property Banks Creditors Debtors Burial Copies Signed Witnessed" = IDEGMCBPBCDCBCSW. A simpler version: "I Die, Executor Gets My Cash, Beneficiaries Pick Banks, Creditors, Debtors, Burial, Copies, Sign, Witness."

Why should every competent adult make a will? Here are the practical and legal reasons:

💡 Key Message: Making a will is not just for the wealthy. Even a person with a small house, a few goats, and a bank account should make a will. Without it, the state decides who gets what — and customary practices may leave widows and children with nothing.

Yes. A testator has the right to change their will at any time based on their preferences and circumstances. This is called making a codicil (an amendment) or revoking the old will and creating a new one.

• Acquiring or losing significant property.
• Having new children whom the testator wishes to include as beneficiaries.
• Getting married to another spouse (in some jurisdictions, marriage automatically revokes a previous will unless made in contemplation of that marriage).
• Divorce or separation.
• Death of a beneficiary or executor named in the original will.
• Change in wishes or relationships.

1. Create a New Will: Draft a completely new document or make the necessary changes to the existing will. If amending, clearly state that it is a new will and include the date of the previous will that is being cancelled.
2. Date and Specify Changes: Ensure the new document is dated and explicitly states that it is amending the first, second, or subsequent wills, mentioning the respective dates. List the specific changes.
3. Signatures and Witnesses: Sign your name on every page of the new will or the pages containing the changes, and sign again on the final page. Number the pages accordingly. Two witnesses should witness your signature or thumbprint.

Testator's Authority Only: Remember that only the testator has the authority to change their own will. Neither the family nor the clan can alter the will on the testator's behalf.

⚠️ If a Wife or Child Is Excluded from the Will: It is generally expected that the testator provides for their dependents, including the wife and children. If you are a wife or child and the will does not provide for you, you can apply to the court. The court will ensure that you are adequately provided for during the distribution of assets, or may redistribute the property to guarantee your share.

🏥 Clinical Scenario: Mr. Ssenyondo, 70, has terminal prostate cancer. He made a will 10 years ago leaving everything to his two sons. Since then, he has had a third child (a daughter) and his eldest son has died. The nurse gently asks whether he has updated his will. Mr. Ssenyondo says no. The nurse advises him to consult a lawyer to create a new will that includes his daughter and reallocates the deceased son's share. Nursing action: Document the conversation, notify the social worker, and ensure the family understands that an outdated will may not reflect the patient's current wishes.

A will can be entrusted to any of the following individuals or entities, provided you trust them:

• Bank Manager
• Reverend, Church Priest, or Imam
• Local Council Executives
• Headmaster or Headmistress
• A trusted friend
• A spouse
• The Administrator General
• Your Lawyer
• Legal NGOs such as FIDA (U), Legal Aid Project of the Uganda Law Society (LAP), and Legal Aid Clinic (of the Law Development Centre)
• A relative
• Registrar General’s Office

A will may be declared invalid (not legally recognized) by the court if the following conditions are proven:

• The testator was of unsound mind or senile when making the will.
• The will was made under duress or threats.
• The testator was underage at the time of making the will.
• The testator married after making the will, rendering it invalid.
• The will is ambiguous or unclear in its provisions.
• The estate or subject matter of the will no longer exists before the testator’s death.
• The will was not signed by the testator or witnessed.
• Some or all of the property mentioned in the will was sold, given away, or destroyed before the testator’s death or execution of the will.
• The will inadequately provides for the spouse(s), minor children below the age of 21, or dependent relatives who significantly rely on the deceased for their basic needs.

Note: If the court declares a will invalid, the property of the testator will be distributed according to the laws pertaining to individuals who did not create a will.

When a person passes away without leaving a will, the law provides specific ways to distribute the property. The following are the key points regarding property distribution:

• Consolidation of Property: All the property owned by the deceased is combined into a single estate. This estate is considered as a whole, representing 100% of the assets.
• Distribution Among Dependents: The estate is divided among the eligible beneficiaries based on the presence of a surviving spouse or wives, husband or husbands, and other dependent relatives.

• All children, whether legitimate or illegitimate, share equally in 75% of the property.
• The widow(s) or widower receives 15% of the property along with the family home.
• Dependent relatives share 9% of the property, including relatives or adopted children.
• The customary heir is entitled to 1% of the estate.

Note: A widow is not considered as property and cannot be shared or taken by another male relative of the deceased husband. However, a widow can choose to remarry freely, even within her former husband’s clan. It is illegal to evict a widow from her former husband’s home.

• The wife/wives or husband receives 50% of the property.
• Other dependant relatives share 49% of the property.
• The customary heir is entitled to 1% of the estate.

• The wife/wives or husband and dependant relatives (as the case may be) receive 99% of the property.
• The customary heir is entitled to 1% of the estate.

The responsibilities of guardians appointed in a will include:

• Caring for and guiding the children.
• Safeguarding the children’s property and ensuring it is used only for their benefit, protecting it from misuse by other relatives.
• When the children come of age, handing over the remaining property and providing an account of how it was utilized. Misuse of a child’s property by a guardian is legally punishable.

The duties of executors/executrix named in a will are as follows:

• Reporting the death to the office of the Administrator General or the Chief Administrative Officer within two months.
• Applying to a court of law for the necessary powers to carry out the wishes of the deceased, as stated in the will.
• Collecting the deceased’s property and any outstanding debts owed to or by the deceased at the time of death.
• Submitting an account of the estate to the granting court within six months, detailing the distribution of the property.
• Supporting the widow/widower, children, and dependant relatives, including paying for children’s school fees, using the funds from the deceased’s estate if available.
• Distributing the property according to the deceased’s wishes as stated in the will after fulfilling all the above requirements.

Note: If the will does not name any executors/executrix, close individuals such as the widow/widower, heir, or adult children may individually or jointly apply to the court for letters of administration to handle the affairs of the deceased. This application is made after obtaining a letter of no objection from the Administrator General.

The local council plays a role in inheritance matters, which includes:

• Protecting widows and children from relatives who may attempt to claim their property.
• Confirming and reporting the death of a person to the office of the Administrator General and the court.

Letters of Administration are the authority granted by the court to a person for administering the estate of a person who died without leaving a will.

The following individuals may apply for letters of administration:

• The surviving wife/wives or husband of the deceased.
• Adult children of the deceased.
• Close relatives of the deceased.

• Reporting the death of the deceased with all the necessary documents.
• Applying to the Administrator General for a “Certificate of No Objection.”
• The certificate of no objection serves as clearance and enables the person to apply to the court for letters of administration.

Note: The acceptance of children by the deceased during their lifetime is a prerequisite for their eligibility to apply for letters of administration.

The situations outlined above represent the most common scenarios in everyday life. However, the following points should also be noted when applying any of these distribution schemes:

• Residential Holding: The residential home is not included in the property subject to distribution as outlined above. The residential holding should be held by the person to whom letters of administration have been granted, in trust for the legal heir. The widow and children below a certain age are entitled to reside in the home until specific conditions are met.
  • In the case of a widow, these conditions include her death, remarriage, or ceasing to occupy the house for six consecutive months, or voluntarily surrendering it.
  • For female children, these conditions include death, reaching the age of 21, marrying before reaching 21, or ceasing to reside in the house for six consecutive months.
  • For male children, these conditions include death, turning 18, ceasing to reside in the house for six consecutive months, or more.
• Multiple Legal Wives: In cases where there are multiple legal wives, they share the property given to them equally.
• Separated Wife’s Entitlement: If a wife has been separated from her husband as a member of the household and the husband dies without a will, she will not automatically be entitled to share in the deceased’s property. She can apply to the court within six months from the husband’s death to request a share of the property. She must demonstrate that there was a reasonable cause for the separation.
• Distribution in the Absence of Legal Wife: If a husband’s legal wife passes away without a will, he is entitled to 15% of the property or a larger share if there are no children or dependent relatives to share the estate.
• Equal Share for Children: All children, regardless of their birth status (within or outside wedlock), share equally in the children’s share of the deceased’s estate.

It is important to note that it is illegal for anyone to evict the widow or children from the residential home, or to handle the estate without proper court authority.

• Succession Act, Chapter 139 of the Laws of Uganda, as amended by Decree No. 22 of 1972.
• Administrator General's Act, Chapter 140 of the Laws of Uganda.
• Legal Aid Project (LAP) of the Uganda Law Society, Guidelines on Succession and Will Making in Uganda.
• Ministry of Justice and Constitutional Affairs, Republic of Uganda (Provisions on Intestate Succession).
• FIDA (Uganda) - The Uganda Association of Women Lawyers, Resources on Property Rights and Inheritance.