Understanding Inheritance and Succession Rights in Uganda
Inheritance and succession are deeply significant in Uganda, touching not only legal matters but also cultural, social, and emotional dimensions.
When a person passes away, questions often arise: Who inherits the property? What happens if there’s no will? What are the rights of spouses and children? This article breaks down the basics of inheritance and succession rights in Uganda to help individuals and families navigate these sensitive issues with clarity.
1. The Legal Framework
Uganda’s inheritance and succession matters are primarily governed by the Succession Act Cap 162, which applies to both testate (with a will) and intestate (without a will) succession. The Act has been recently amended (2021) to better reflect modern values and protect vulnerable family members, especially women and children.
2. Testate Succession – When There is a Will
If the deceased left a valid will, the property is distributed according to their wishes. A will must:
- Be in writing
- Be signed by the testator (person making the will)
- Have at least two witnesses present at the time of signing
The appointed executor manages the estate and ensures property is distributed as stated. However, even with a will, the law ensures dependents (spouse(s), children, and elderly parents) are not unfairly disinherited.
3. Intestate Succession – When There is No Will
When someone dies without a will, the law steps in to determine how their property is shared. This process is called intestate succession.
Under the Succession Act:
- Surviving spouse(s) get 20% of the estate
- Children collectively get 75%
- Dependent relatives (like elderly parents) get 4%
- The customary heir gets 1%
If the deceased had multiple wives under customary law, each is recognized and considered in the distribution.
4. Rights of Women and Children
Historically, women and children, especially from polygamous or informal marriages, were marginalized in inheritance. However, the revised law protects:
- Widows from being evicted or denied access to property
- Illegitimate children (those born out of wedlock) by granting them equal inheritance rights
- Customary wives who were not formally married but lived as wives with the deceased
Widows can now remain in the matrimonial home and inherit property equally.
5. Customary Practices vs. Law
In many Ugandan communities, customary inheritance practices are still strong. However, these often conflict with national law—especially where women are denied land or property rights.
The law overrides harmful customary practices. Courts in Uganda have ruled that discriminatory customs are unconstitutional. It’s important for families to understand that legal rights cannot be ignored or overridden by tradition.
6. Importance of Writing a Will
To prevent family disputes and ensure your property goes where you intend, it is strongly advised to:
- Write a clear will
- Update it regularly (especially after marriage, divorce, or acquiring new property)
- Use a lawyer or trusted advisor to ensure the will is valid
A will protects your family from uncertainty and conflict.
7. Role of Local Authorities and Courts
When someone dies, the local council (LC1) chairperson and family members often handle the initial estate administration. However, for formal distribution:
- An administrator must be appointed by court
- A probate (if there’s a will) or letters of administration (if no will) must be obtained
These legal documents give someone authority to manage and distribute the estate.
In conclusion, inheritance and succession are not just legal issues—they affect livelihoods, family harmony, and justice. Every Ugandan should be informed of their rights, prepare for the future with a valid will, and ensure that property is shared fairly, especially among women and children. Protect your legacy. Know your rights. And speak up for justice.