TESTATE AND INTESTATE SUCCESSION.
Testate succession occurs when a
person dies and leaves a valid will. Intestate succession occurs when a person
dies without a will.
A will is a written legal
document that states what property you own and how you would like it to be
divided after your death. A will also states who should be in charge of
dividing the property. A will has no effect until the testator (the one who has
written it) dies.
To make a will one must be at least
21 years of age. The exception to this is soldiers who are on active duty and
sailors who are at sea at the time they wish to make a will. In this situation
the lower age limit is eighteen years. One must also be of sound mind in order
to make a will.
So it is clear that for a will to
be valid one must be of legal age, have the ability (be of sound mind). The
will must state the property of the testator, the intended beneficiaries (spouse,
children, friends, parents, dependants e.t.c) and must be signed by at least
two attesting witnesses in the presence of the testator.
Where a person dies without
leaving a valid will. The succession act provides a mode of distribution to be
followed if a person dies without making a will (section 24 and 25 of the succession
act)
The legal effects of intestate
succession are;
·
All property that person owned at the time of
his or her death becomes part of the estate.
·
The estate is kept in trust by the personal
representative of the deceased duly appointed by the court.
· Only a few recognized categories of people can
inherit the property (spouse, children and other dependent relatives)
·
In order to manage the estate, one has to apply
to court for Letters Of Administration
Note: for one to
qualify as a spouse to the deceased, one must have been married to him or her
in one of the five marriages recognized in Uganda (church marriage, civil
marriage, Islamic marriage, traditional marriage and hindu marriage). If one
was not married under any of the marriages recognized he or she is not a
legitimate spouse and will not take a share of the deceased’s belongings if the
deceased died without a valid will.
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