Uganda Act or statute

Parliament of Uganda

Administration of Estates of Persons of Unsound Mind Act, 1951

Jurisdiction: Uganda
Structure: 15 provisions
Citation: Chapter 155
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“Defines the term "court" to mean the High Court.”

If a sum (for pay, pension, gratuity or similar) is payable to a person of unsound mind and no manager has been appointed, the person by whom the sum is payable must apply to the court for directions; the court may direct part be used for maintenance and may order surplus accumulation. The court may, on an application by petition about the estate of a person of unsound mind, make such orders as it thinks fit, subject to this Act. A court-appointed manager (or other person appointed by the court) must, in the name and on behalf of a person of unsound mind, execute conveyances and instruments for sales, mortgages or other dispositions of that person's estate as the court orders. The court may order a fit person to pay, deliver or transfer property standing in the name of a person residing outside Uganda to the manager appointed for that person's estate where the court is satisfied the person is of unsound mind and a manager has been appointed according to the law of the place of residence. The Chief Justice may, by statutory instrument, grant magistrates some or all powers of the court, either generally or for particular persons or classes.

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1. Interpretation

Defines the term "court" to mean the High Court.

Section 1

13. Power to order transfer of property ofperson of unsound mindresiding out of Uganda

The court may order a fit person to pay, deliver or transfer property standing in the name of a person residing outside Uganda to the manager appointed for that person's estate where the court is satisfied the person is of unsound mind and a manager has been…

Section 13

2. Management of estates of persons of unsound mind

The court may appoint a manager to manage the estate of a person of unsound mind upon application by certain persons.

Section 2

6. Removal of managers

The court may remove any manager appointed under section 3, appoint another fit person in their place, and may order the removed person to hand over property and account for money related to that property.

Section 6

9. Powers ofcourtin regard to property of person where no manager is appointed

If no manager is appointed for a person of unsound mind and the court thinks a manager unnecessary, the court may order the person's property to be sold, charged, mortgaged or otherwise disposed of to raise or secure money for specified purposes.

Section 9

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Showing 15 of 15 provisions

Provision 14Interpretation

§ 11. InterpretationInterpretation

Defines the term "court" to mean the High Court.

Section 1. Interpretation Section “ court ” means the High Court;

Section 1

§ 1010. Pension ofperson of unsound mindwhen no manager appointedProvision

Section 10. Pension ofperson of unsound mindwhen no manager appointed Section 10(1) Where any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person of unsound mind and no proceedings for the appointment of a manager of his or her estate have been instituted, the person by whom that sum is payable shall apply to the court for directions as to the manner in which the sum shall be paid. Section 10(2) On any application being made under subsection (1), the court may direct that any part of the sum shall be used for the maintenance of the person of unsound mind or of any of his or her relatives and may order that any surplus shall accumulate to the credit of the person of unsound mind .

Section 10

§ 1111. Power to make orders concerning affairs of persons of unsound mindProvision

The court may, on an application by petition about the estate of a person of unsound mind, make such orders as it thinks fit, subject to this Act.

Section 11. Power to make orders concerning affairs of persons of unsound mind Section Notwithstanding the other provisions in this Act, the court may upon application made to it by a petition concerning any matter whatsoever connected with the estate of a person of unsound mind make such order, subject to the provisions of this Act, regarding the application as in the circumstances of the case the court may think fit.

Section 11

§ 1212. Execution of conveyances and powers by manager or other person under order ofcourtProvision

A court-appointed manager (or other person appointed by the court) must, in the name and on behalf of a person of unsound mind, execute conveyances and instruments for sales, mortgages or other dispositions of that person's estate as the court orders.

Section 12. Execution of conveyances and powers by manager or other person under order ofcourt Section A manager, or such other person as the court may appoint for the purpose, shall in the name and on behalf of a person of unsound mind execute all such conveyances and instruments relative to any sale, mortgage or other disposition of such person’s estate as the court may order, and any conveyance or other instrument executed by the manager, or any other such person, with the sanction of the court , shall be as valid and effectual in all respects as if it had been executed by the person of unsound mind while he or she was of sound mind.

Section 12

§ 1313. Power to order transfer of property ofperson of unsound mindresiding out of UgandaProvision

Section 13. Power to order transfer of property ofperson of unsound mindresiding out of Uganda Section Where any movable or immovable property is standing in the name of or vested in any person residing out of Uganda, the court may, upon being satisfied that such person is of unsound mind and that a manager has been appointed for his or her estate according to the law of the place where he or she is residing, order some fit person to pay, deliver or transfer the property, or any part of it, to the name of the person so appointed, as the court may think fit.

Section 13

§ 1414. Power of Chief Justice to delegate power to magistratesProvision

The Chief Justice may, by statutory instrument, grant magistrates some or all powers of the court, either generally or for particular persons or classes.

Section 14. Power of Chief Justice to delegate power to magistrates Section The Chief Justice may, by statutory instrument, confer upon any magistrate, either generally or in respect of a particular person or class of persons, all or any of the powers conferred upon or vested in the court under this Act.

Section 14

§ 1515. Power to make rulesProvision

Authority to make rules concerning the procedure to be adopted in any proceedings.

Section 15. Power to make rules Section the procedure to be adopted in any proceedings;

Section 15

§ 22. Management of estates of persons of unsound mindProvision

The court may appoint a manager to manage the estate of a person of unsound mind upon application by certain persons.

Section 2. Management of estates of persons of unsound mind Section The court may appoint a manager of the estate of a person of unsound mind on the application of a superintendent or other person in charge of a mental hospital, the commissioner of prisons or a relative of any such person of unsound mind .

Section 2

§ 33. Inquiries by thecourtProvision

The court must inquire whether a person of unsound mind has any suitable relative willing to manage their estate and, if appropriate, appoint that relative or otherwise appoint the Administrator General as manager.

Section 3. Inquiries by thecourt Section 3(1) On application being made under section 2 for the appointment of a manager of the estate of a person of unsound mind, the court shall inquire of the applicant or any other person whom it may summon whether or not the person of unsound mind has any suitable relative who is willing to manage that person’s estate. Section 3(2) If as a result of inquiries made under subsection (1), the court is satisfied that a relative of a person of unsound mind is a suitable person to act as manager of the estate of the person of unsound mind and that he or she is willing so to act, the court shall appoint him or her to be the manager of that estate if it is of the opinion that a manager should be so appointed. Section 3(3) If as a result of the inquiries made under subsection (1), the court is of the opinion that there is no suitable relative of a person of unsound mind who is willing to act as the manager of that person’s estate , then if the court is of the opinion that a manager should be appointed it shall appoint the Administrator General as manager.

Section 3

§ 44. Power of manager in respect ofestateProvision

The court may direct that a manager have general or special powers to manage an estate, but the manager must not mortgage or transfer immovable estate property and must not invest estate funds in companies where they have an interest or in immovable property without the court's prior consent; the court may fix fees if the manager will not act gratuitously.

Section 4. Power of manager in respect ofestate Section 4(1) Where a manager has been appointed under section 3 , the court may direct by the order of appointment, or by any subsequent order, that the manager shall have such general or special powers for the management of the estate as to the court may seem necessary and proper, regard being had to the nature of the property, whether movable or immovable, of which the estate may consist; except that— Section 4(1)(a) mortgage, charge or transfer by sale, gift, surrender, exchange or otherwise, any immovable property of which the estate may consist; Section 4(1)(b) no manager may invest any funds belonging to the estate of which he or she is manager, in any company or undertaking in which he or she himself or herself has an interest nor shall he or she invest any such funds on the purchase of immovable property, without the prior consent of the court . Section 4(2) If the person appointed to be manager of an estate under section 3 is unwilling to act gratuitously, the court may fix such fees or allowances to be paid out of the estate of the person in respect of whom the manager has been appointed as, in the circumstances of the case, the court may think fit.

Section 4

§ 55. Inventory, statement and annual accountsProvision

Managers appointed by the court must deliver an inventory within six months (or other court-ordered time) and must furnish annual accounts within three months of year‑end; the court may set forms, allow public inspection on payment of a fee, and may investigate and order remedies when accuracy is impugned.

Section 5. Inventory, statement and annual accounts Section 5(1) Every person appointed by the court to be the manager of the estate of a person of unsound mind shall within six months of the date of his or her appointment or such other time as the court may order, deliver to the court an inventory of the property belonging to the person of whose estate he or she has been appointed manager and of all such sums of money, goods and effects as he or she shall receive on account of the estate together with a statement of all debts due by or to such person, and every such manager shall furnish to the court annually or at such other periods as the court may order within three months of the close of the year or such other period, an account of the property in his or her charge, showing the sums received and disbursed on account of the estate during that year and the balance then remaining in his or her hands. Section 5(2) The inventory, statement and account shall be in such form as the court shall direct. Section 5(3) Any person may, on payment of such fee as may be prescribed, inspect and obtain a copy of any inventory, statement or account delivered to the court under subsection (1). Section 5(4) Where any person, by petition to the court , impugns the accuracy of any inventory or statement, or of any account prepared under this section, the court may summon the manager and inquire summarily into the matter and make such order on the matter as it thinks proper, or the court , in its discretion, may refer any such petition to a magistrate having jurisdiction in the place in which the property belonging to the estate concerned is situate for inquiry and report, and upon receipt of the report the court may make such order as it thinks fit.

Section 5

§ 66. Removal of managersProvision

Section 6. Removal of managers Section The court may, for any cause which seems to it sufficient, remove any manager appointed by it under section 3 and may appoint any other fit person in his or her place, and may make such order as it considers necessary to ensure that the person so removed makes over the property in his or her hands, and of which he or she was manager, to his or her successor and accounts to that successor for all money received or disbursed by him or her in connection with the property.

Section 6

§ 77. Termination of appointment of managerProvision

When a manager's appointment ends, the manager must deliver to the court an account of the property they managed in the form the court directs.

Section 7. Termination of appointment of manager Section On the termination of the appointment of any manager for any reason whatsoever, the manager shall deliver an account, in such form as the court shall direct, of the property of which he or she was manager, to the court .

Section 7

§ 88. Procedure on a person ceasing to be of unsound mindProvision

If a person who was of unsound mind becomes sane and a manager administered their estate, the manager must deliver an account to both that person and the court and must take steps ordered by the court to return control of the estate to that person.

Section 8. Procedure on a person ceasing to be of unsound mind Section Where any person who has been of unsound mind ceases to be of unsound mind and that person’s estate or any part of it has been administered by a manager, the manager shall deliver an account in such form as the court shall direct of the property of which he or she was manager both to the person who was of unsound mind and to the court , and shall take such steps as the court shall order to ensure that the person who was of unsound mind is given full control of his or her estate or such part of his or her estate as he or she managed.

Section 8

§ 99. Powers ofcourtin regard to property of person where no manager is appointedProvision

Section 9. Powers ofcourtin regard to property of person where no manager is appointed Section 9(1) Where the court has appointed no manager of the estate of a person of unsound mind and is of the opinion that the appointment of a manager is not necessary in the circumstances of the case, it may if it appears to be just or for the benefit of the person of unsound mind order that any property, whether movable or immovable, of that person and whether in possession, reversion, remainder or contingency, be sold, charged, mortgaged, dealt with or otherwise disposed of as may seem most expedient for the purpose of raising or securing or repaying with or without interest money to be applied, or which has been applied, to all or any of the following purposes— Section 9(1)(a) the payment of the debts or engagements of the person; Section 9(1)(b) the discharge of any incumbrance on his or her property; Section 9(1)(c) the payment of any debt or expenditure incurred for the maintenance of the person or otherwise for his or her benefit; Section 9(1)(d) the payment of or provision for the expenses of his or her future maintenance and the maintenance of such members of his or her family as are dependent upon him or her for maintenance, including the expenses of his or her removal from Uganda if he or she is so removed, and all expenses incidental thereto; Section 9(1)(e) the payment of the costs of any inquiry under the provisions of this Act or the Mental Treatment Act, and of any costs incurred by order or under the authority of the court . Section 9(2) Any order made under subsection (1) shall be carried out by the chief registrar of the High Court, the Administrator General or some other suitable person appointed by the court , and that person shall render such account to the court as the court shall think fit to order. Section 9(3) The court may, if it sees fit, order that any person appointed under subsection (2) shall be paid such fees as it thinks just out of the estate of the person of unsound mind .

Section 9

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