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Uganda Act or statute

Parliament of Uganda

Succession Act

The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force. This se…

Jurisdiction
Uganda
Structure
311 provisions
Citation
Chapter 268
Dates
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Source attribution: Source: Uganda Legal Information Institute

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“The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force.”

The provisions in this Act shall constitute the law of Uganda for all cases of intestate or testamentary succession, subject to other provisions of this Act or any other law then in force. This section provides definitions and interpretative rules for terms used in the Act. A child's domicile of origin follows the domicile of the parent or guardian from whom the child derives it; if the parents have different domiciles, the child's domicile follows the parent who has custody. A person may acquire their spouse's domicile upon marriage; a spouse may acquire another domicile upon dissolution, judicial separation, or other recognised separation. A person cannot acquire a new domicile during minority, except as provided in section 13.

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Provision 106Offence 3Commencement 2

Part XXVI

Legacies to creditors and portioners

§ 161Legacies to creditors and portioners - Child prima facie entitled to legacy as well as portionProvision

If a parent contractually obliged to provide a portion fails to do so, later leaves a legacy to the child, and the will does not state the legacy satisfies the portion, the child is entitled to both the legacy and the portion.

Section Child prima facie entitled to legacy as well as portion Section Where a parent , who is under obligation by contract to provide a portion for a child , fails to do so, and afterwards bequeaths a legacy to the child , and does not intimate by his or her will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy as well as the portion.
Section 161
§ 162Legacies to creditors and portioners - No ademption by subsequent provision for legateeProvision

A bequest shall not be wholly or partially adeemed by a later provision made by settlement or otherwise for the legatee.

Section No ademption by subsequent provision for legatee Section A bequest shall not be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee.
Section 162

Part XXVII

Election

§ 163Election - Circumstances in which election takes placeProvision

If a will attempts to dispose of property the testator had no right to dispose, the person who actually owns the thing must choose to confirm the will's disposition or to dissent from it.

Section Circumstances in which election takes place Section Where a person, by his or her will, professes to dispose of something of which he or she has no right to dispose, the person to whom the thing belongs shall elect either to confirm the disposition or to dissent from it, and, in the latter case, he or she shall relinquish any benefits which may have been provided for him or her by the will.
Section 163
§ 164Election - Devolution of interest relinquished by ownerProvision

An interest relinquished under section 163 devolves as if not disposed of by the will, in favour of the legatee, but subject to a charge to make good to the legatee the amount or value of the attempted gift.

Section Devolution of interest relinquished by owner Section An interest relinquished under section 163 shall devolve as if it had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the legatee the amount or value of the gift attempted to be given to him or her by the will.
Section 164
§ 165Election - Belief of testator or testatrix as to his or her ownership immaterialProvision

Sections 162 and 164 apply whether or not the testator/testatrix believes the property disposed of by the will to be their own.

Section Belief of testator or testatrix as to his or her ownership immaterial Section Sections 162 and 164 shall apply whether the testator or testatrix does or does not believe that which he or she professes to dispose of by his or her will to be his or her own.
Section 165
§ 166Election - Bequest for person’s benefitProvision

For election purposes, a bequest for the benefit of a person is treated the same as a bequest made to that person.

Section Bequest for person’s benefit Section A bequest for the benefit of a person is, for the purpose of election, the same thing as a bequest made to him or her.
Section 166
§ 167Election - Benefit derived indirectlyProvision

A person who takes no benefit directly under a will but derives a benefit under it indirectly is not put to his or her election.

Section Benefit derived indirectly Section A person taking no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his or her election.
Section 167
§ 168Election - Person taking in individual capacity under will may, in other character, elect to take in oppositionProvision

A person who takes a benefit under a will in their individual capacity may, acting in another capacity, elect to take in opposition to the will.

Section Person taking in individual capacity under will may, in other character, elect to take in opposition Section A person who, in his or her individual capacity, takes a benefit under the will may, in another character, elect to take in opposition to the will.
Section 168
§ 169Election - Exception to preceding sectionsProvision

If a legatee claims an item that a will says they receive as a particular gift in lieu of that item, the legatee must give up the particular gift but may keep other benefits under the will.

Section Exception to preceding sections Section Notwithstanding sections 163 , 164 , 165 , 166 , 167 and 168 , where a particular gift is expressed in a will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, if the legatee claims that thing, he or she must relinquish the particular gift, but he or she is not bound to relinquish any other benefit given to him or her by the will.
Section 169
§ 170Election - When acceptance of benefit given by will constitutes election to take under willProvision

Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will where the legatee knows of the right to elect and the influencing circumstances, or waives inquiry into them.

Section When acceptance of benefit given by will constitutes election to take under will Section Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he or she has knowledge of his or her right to elect, and of those circumstances which would influence the judgment of a reasonable person in making an election, or if he or she waives inquiry into the circumstances.
Section 170
§ 171Election - Presumption arising from enjoyment by legatee for two yearsProvision

If a legatee has enjoyed the benefits provided by the will for two years without acting to express dissent, knowledge or waiver of inquiry is presumed.

Section Presumption arising from enjoyment by legatee for two years Section For the purposes of section 170 , knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him or her by the will without doing any act to express dissent.
Section 171
§ 172Election - Confirmation of bequest by act of legateeProvision

For the purposes of section 170, knowledge or waiver of inquiry may be inferred from any act of the legatee that makes it impossible to restore interested persons to the same position as if the act had not been done.

Section Confirmation of bequest by act of legatee Section For the purposes of section 170 , knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject matter of the bequest in the same condition as if the act had not been done.
Section 172
§ 173Election - When legatee may be called upon to electProvision

If a legatee fails within one year after the testator's death to tell the representatives whether they confirm or dissent from the will, the representatives must, after that period, require the legatee to choose; if the legatee then fails to comply within a reasonable time, they are deemed to have elected to confirm the will.

Section When legatee may be called upon to elect Section If a legatee does not, within one year after the death of the testator or testatrix, signify to the representatives of the testator or testatrix his or her intention to confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require him or her to make his or her election; and if he or she does not comply with the requisition within a reasonable time after he or she has received it, he or she shall be deemed to have elected to confirm the will.
Section 173
§ 174Election - Postponement of election in case of disabilityProvision

If there is a disability, an election shall be postponed until the disability ceases or until a competent authority makes the election.

Section Postponement of election in case of disability Section In case of disability , an election shall be postponed until the disability ceases, or until the election is made by some competent authority.
Section 174

Part XXVIII

Gifts in contemplation of death

§ 175Gifts in contemplation of death - Property transferable by gift made in contemplation of deathProvision

A person may, subject to sections 22, 25 and 30(2), dispose by gift made in contemplation of death any movable property they could dispose of by will; such a gift can be repossessed by the donor within six months of recovery; donations over twenty-five currency points must be in writing.

Section Property transferable by gift made in contemplation of death Section Subject to sections 22 , 25 and 30(2) , a person may dispose, by gift made in contemplation of death, any movable property which he or she could dispose of by will. A gift is said to be made in contemplation of death where a person who is ill and expects to die shortly of his or her illness delivers to another person the possession of any movable property to keep as a gift in case the donor dies. A gift made in contemplation of death may within six months of recovery of the donor, be repossessed by the donor. Notwithstanding subsection (1) , every donation of a gift made under this section, the value of which exceeds twenty-five currency points, shall be in writing.
Section 175

Part XXXI

Practice in granting and revoking probates and letters of administration

§ 231Practice in granting and revoking probates and letters of administration - Jurisdiction to grant probate and letters of administrationProvision

The High Court and a magistrate’s court must exercise jurisdiction to grant probate and letters of administration under this Act in accordance with the Administration of Estates (Small Estates) (Special Provisions) Act.

Section Jurisdiction to grant probate and letters of administration Section Jurisdiction to grant probate and letters of administration under this Act shall be exercised by the High Court and a magistrate’s court in accordance with the Administration of Estates (Small Estates) (Special Provisions) Act.
Section 231
§ 232Practice in granting and revoking probates and letters of administration - General powers of chief magistrate and magistrateProvision

A chief magistrate and a magistrate have the same powers and authority regarding granting probate and letters of administration as they have in civil suits pending in court.

Section General powers of chief magistrate and magistrate Section A chief magistrate and a magistrate shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected with the granting of probate and letters of administration, as are by law vested in him or her in relation to any civil suit or proceeding pending in court .
Section 232
§ 233Practice in granting and revoking probates and letters of administration - A chief magistrate and a magistrate may order person to produce testamentary papersProvision

A chief magistrate and a magistrate may order a person to produce testamentary papers; the court may direct attendance and examination, persons must answer questions and, if ordered, produce the papers; failure may attract punishment under section 94 and costs are at the court's discretion.

Section A chief magistrate and a magistrate may order person to produce testamentary papers Section A chief magistrate and a magistrate may order any person to produce and bring into court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of that person and— if it is not shown that any such paper or writing is in the possession or under the control of that person, but there is reason to believe that he or she has the knowledge of any such paper or writing, the court may direct that person to attend for the purpose of being examined respecting the paper or writing; that person shall be bound to answer such questions as may be put to him or her by the court , and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under section 94 of the Penal Code Act, in case of default in not answering the questions, or not bringing in the paper or writing, as he or she would have been subject to in case he or she had been a party to a suit and had made such default; and the costs of the proceeding shall be in the discretion of the court .
Section 233
§ 234Practice in granting and revoking probates and letters of administration - Proceedings in relation to probate and administrationProvision

Proceedings in the Chief Magistrate's or Magistrate's court relating to granting probate and letters of administration must be governed, subject to later provisions and case circumstances, by the law of civil procedure.

Section Proceedings in relation to probate and administration Section The proceedings of the court of the Chief Magistrate or the Magistrate in relation to the granting of probate and letters of administration shall, except as hereafter otherwise provided, be regulated, so far as the circumstances of the case will admit, by the law relating to civil procedure.
Section 234
§ 235Practice in granting and revoking probates and letters of administration - When and how Chief Magistrate or Magistrate to interfere for protection of propertyProvision

The Chief Magistrate or Magistrate within whose jurisdiction any part of a deceased person's property is located must interfere to protect that property in specified circumstances and is authorised to appoint an officer to take and keep possession.

Section When and how Chief Magistrate or Magistrate to interfere for protection of property Section Until probate is granted of the will of a deceased person, or an administrator or administratrix of his or her estate is constituted, the Chief Magistrate or Magistrate, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of that property at the instance of any person claiming to be interested in it, and in all other cases where the delegate considers that the property incurs any risk of loss or damage; and for that purpose, if he or she sees fit, to appoint an officer to take and keep possession of the property.
Section 235
§ 236Practice in granting and revoking probates and letters of administration - When probate or administration may be granted by Chief Magistrate or MagistrateProvision

The Chief Magistrate or a Magistrate may grant probate or letters of administration if a verified petition shows the deceased had a fixed abode or property within the delegate's jurisdiction.

Section When probate or administration may be granted by Chief Magistrate or Magistrate Section Probate of the will or letters of administration to the estate of a deceas person may be granted by the Chief Magistrate or Magistrate under the st of his or her court , if it appears by a petition, verified as hereafter provide of the person applying for the probate or letters of administration, that t testator or testatrix or intestate, as the case may be, at the time of his or li decease, had a fixed place of abode, or any property, movable or immovab within the jurisdiction of the delegate.
Section 236
§ 237Practice in granting and revoking probates and letters of administration - Disposal of application made to Chief Magistrate or Magistrate place where deceased had no fixed abodeProvision

A delegate may refuse an application made to a Chief Magistrate or Magistrate for a district where the deceased had no fixed abode, or may grant letters of administration (absolutely or limited to property within the delegate's jurisdiction) when the application is for letters of administration.

Section Disposal of application made to Chief Magistrate or Magistrate place where deceased had no fixed abode Section When an application is made to Chief Magistrate or Magistrate in a district area in which the deceased had no fixed abode at the time of his or her deal it shall be in the discretion of the delegate to refuse the application, if, in his her judgment, it could be disposed of more justly or conveniently in another district or area, or, where the application is for letters of administration to grant them absolutely or limited to the property within his or her own jurisdiction.
Section 237
§ 238Practice in granting and revoking probates and letters of administration - Conclusiveness of probate or letters of administrationProvision

Probate or letters of administration are conclusive over the deceased's property throughout Uganda and afford full indemnity to debtors paying debts and persons delivering up property to the grantee.

Section Conclusiveness of probate or letters of administration Section Probate or letters of administration shall have effect over all the property and estate, movable or immovable, of the deceased, throughout Uganda, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs him or her. Probate or letters of administration shall afford full indemnity all debtors paying their debts, and all persons delivering up such property the person to whom the probate or letters of administration shall have bet granted.
Section 238
§ 239Practice in granting and revoking probates and letters of administration - Conclusiveness of application for probate or administrationProvision

An application for probate or letters of administration, if made and verified as provided, shall be conclusive for the purpose of authorising the grant of probate or administration.

Section Conclusiveness of application for probate or administration Section An application for probate or letters of administration, if made and verifit in the manner hereafter provided, shall be conclusive for the purpose (authorising the grant of probate or administration, and no such grant shall be impeached by reason that the testator or testatrix or intestate had no fixed place of abode, or no property within the district or area at the time of his or her death, unless by a proceeding to revoke the grant if obtained by a fraud upon the court .
Section 239
§ 240Practice in granting and revoking probates and letters of administration - Petition for probateProvision

A petition in English with the will attached must state the time of death, that the annexed writing is the last will duly executed, the assets likely to come to the petitioner, and that the petitioner is the executor; additional particulars are required when applying to a Chief Magistrate or Magistrate. The application must be made within one year of the testator's death. If the named executor does not apply in time, a beneficiary may apply for letters of administration with the will annexed.

Section Petition for probate Section An application for probate shall be made by a petition distinctly written in the English language with the will annexed, and stating— the time of the death of the testator or testatrix; that the writing annexed is the last will and testament of the testator or testatrix and that it was duly executed; the amount of assets which are likely to come to the petitioner’s hands; and that the petitioner is the executor or executrix named in the will, and in addition to such particulars, when the application is to Chief Magistrate or Magistrate, the petition shall further state that the deceased, at the time of his or her death, had his or her fixed place of abode, or had some property, movable or immovable, situate within the jurisdiction of the delegate. The application referred to in subsection (1) shall be made within one year from the date of death of the testator. Where a person named as executor or executrix in a will does not apply for probate within the time prescribed in subsection (2) , a beneficiary under the will may, with the will annexed, apply for letters of administration.
Section 240
§ 241Practice in granting and revoking probates and letters of administration - Translation of will to be annexed to petitionProvision

If a will is not in English, a translation must be annexed to the petition by a court-appointed translator where one exists, or by any competent person otherwise; that person must verify the translation using the specified declaration.

Section Translation of will to be annexed to petition Section In cases where the will is written in any language other than English, there shall be a translation of it annexed to the petition by a translator of the court , if the language is one for which a translator is appointed, or, if the will is in any other language, then by any person competent to translate it, in which case the translation shall be verified by that person in the following manner— “I,________________________, do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation of it.”.
Section 241
§ 242Practice in granting and revoking probates and letters of administration - Petition for letters of administrationProvision

A petitioning applicant (the petitioner) must make the application for letters of administration in English and include specified facts about the deceased, relatives, the petitioner’s right, property within the relevant jurisdiction, and likely assets; additional residence information is required when applying to a Chief Magistrate or Magistrate.

Section Petition for letters of administration Section An application for letters of administration shall be made by petition distinctly written in the English language, and stating— the time and place of the deceased’s death; the family or other relatives of the deceased, and their respective residences; the right in which the petitioner claims; that the deceased left some property within the jurisdiction of the High Court or Chief Magistrate or Magistrate to whom the application is made; and the amount of assets which are likely to come to the petitioner’s hands, and, when the application is to Chief Magistrate or Magistrate, the petition shall further state whether the deceased, at the time of his or her death, resided within the jurisdiction of the delegate.
Section 242
§ 243Practice in granting and revoking probates and letters of administration - Petition to be signed and verifiedProvision

The petitioner (and the petitioner's advocate, if any) must subscribe the petition and the petitioner must verify it by a signed declaration of truth.

Section Petition to be signed and verified Section A petition for probate or letters of administration shall, in all cases, be subscribed by the petitioner and his or her advocate, if any, and shall be verified by the petitioner in the following manner or to the like effect— “I,____________________, the petitioner in the above petition, declare that what is stated in it is true to the best of my information and belief”.
Section 243
§ 244Practice in granting and revoking probates and letters of administration - Verification of petition for probate by one witness to willProvision

If the application is for probate, the petition must be verified by at least one of the witnesses to the will, when procurable, using the prescribed declaration form.

Section Verification of petition for probate by one witness to will Section Where the application is for probate , the petition shall also be verified by at least one of the witnesses to the will, when procurable, in the following manner or to the following effect— “I,________________________, one of the witnesses to the last will and testament of the testator or testatrix mentioned in the above petition, declare that I was present, and saw the testator or testatrix affix his or her signature (or mark) to it (or that the testator or testatrix acknowledged the writing annexed to the above petition to be his or her last will and testament in my presence).”.
Section 244
§ 245Practice in granting and revoking probates and letters of administration - Punishment for false statement in petition or declarationOffence

Making a false statement in a petition or declaration required to be verified is an offence and on conviction the person may be fined up to one hundred sixty-eight currency points or imprisoned for up to seven years, or both.

Section Punishment for false statement in petition or declaration Section Where any petition or declaration which is required to be verified contains any statement which the person making the statement, or the verification knows or believes to be false, that person commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty-eight currency points or to imprisonment for a term not exceeding seven years, or both.
Section 245
§ 246Practice in granting and revoking probates and letters of administration - High Court or Chief Magistrate or Magistrate may examine petitioner in person and require further evidence, etc.Provision

A judge, Chief Magistrate or Magistrate may examine the petitioner on oath, require further evidence about the will or entitlement to letters of administration, and issue citations for interested persons to appear before granting probate or letters of administration.

Section High Court or Chief Magistrate or Magistrate may examine petitioner in person and require further evidence, etc. Section In all cases a judge or Chief Magistrate or Magistrate may, if he or she thinks proper— examine the petitioner in person, upon oath or solemn affirmation; require further evidence of the due execution of the will, or the right of the petitioner to the letters of administration, as the case may be; and issue citations calling upon all persons claiming to have any interest in the estate of the deceased to appear before the court or the Chief Magistrate or the Magistrate before the grant of probate or letters of administration. A citation issued under subsection (1) shall be fixed up in some conspicuous part of the courthouse, and also in the office of the district commissioner, and otherwise published or made known in such manner as the judge or Chief Magistrate or Magistrate issuing it may direct.
Section 246
§ 247Practice in granting and revoking probates and letters of administration - Administrator General not precluded from grantProvision

The Administrator General may apply to the court for letters of administration, and the court may grant letters of administration to the Administrator General.

Section Administrator General not precluded from grant Section Nothing in this Part shall be deemed to preclude— the Administrator General from applying to the court for letters of administration; the court from granting letters of administration to the Administrator General,
Section 247
§ 248Practice in granting and revoking probates and letters of administration - No probate or letters of administration to be granted except on production of certificate from assistant estate duty commissionerProvision

No probate or letters of administration (or resealing of them) shall be granted by the High Court, Chief Magistrate or Magistrate unless a certificate from an assistant estate duty commissioner is produced, except for applications by the Administrator General.

Section No probate or letters of administration to be granted except on production of certificate from assistant estate duty commissioner Section Except in the case of an application by the Administrator General, no probate or letters of administration or resealing of probate or letters of administration shall be granted by the High Court or Chief Magistrate or Magistrate unless the certificate of an assistant estate duty commissioner is produced to the High Court or Chief Magistrate or Magistrate, as the case may be, to the effect that he or she is satisfied that the requirements of any written law relating to estate duty in regard to the payment of duty have been or will be complied with.
Section 248
§ 249Practice in granting and revoking probates and letters of administration - Caveats against grant of probate or administrationProvision

When a caveat is lodged in a Chief Magistrates Court or Magistrates Court, the Chief Magistrate or Magistrate must immediately send a copy of the caveat to the High Court.

Section Caveats against grant of probate or administration Section Caveats against the grant of probate or administration may be lodged with the High Court or Chief Magistrates Court or Magistrates Court; and immediately on any caveat being lodged with any Chief Magistrates Court or Magistrates Court, the Chief Magistrate or the Magistrate shall send a copy of the caveat to the High Court.
Section 249
§ 250Practice in granting and revoking probates and letters of administration - Form of caveatProvision

Specifies the required wording and form of a caveat under section 249.

Section Form of caveat Section A caveat under section 249 shall be to the following effect— "Let nothing be done in the matter of the estate of ____________, late of ____________, deceased, who died on the day of ______________20 __, at ____________, without notice to ____________, of ____________".
Section 250
§ 251Practice in granting and revoking probates and letters of administration - Proceedings suspended if caveat is receivedProvision

A person lodging a caveat under section 249 must, within fourteen days, serve a copy on the petitioner; when a caveat is lodged the court must suspend the proceedings until the caveat is withdrawn, lapsed, or removed by suit and determination.

Section Proceedings suspended if caveat is received Section A person who lodges a caveat under section 249 shall, within fourteen days of lodging the caveat, serve a copy of the caveat to the petitioner for probate or letters of administration. Where a caveat is lodged under section 249 , court shall suspend the proceedings in the matter until the caveat has been withdrawn or has lapsed or a suit for the removal of the caveat has been filed and determined by court .
Section 251
§ 252Practice in granting and revoking probates and letters of administration - Caveat and petition to lapseCommencement

Petitioners must sue to remove a lodged caveat within six months; caveat-lodgers must commence proceedings to prove objections within six months; if a caveat under subsection (2) lapses the lodger must not lodge another caveat for the same estate.

Section Caveat and petition to lapse Section A petitioner for probate or letters of administration in respect of which a caveat has been lodged shall, within six months from the date the caveat was lodged, file a suit for removal of the caveat. Notwithstanding subsection (1) , a person who lodges a caveat in respect of a petition for probate or letters of administration shall, within six months from the date the caveat was lodged, commence proceedings to prove the objections contained in the caveat. Where a person who lodges a caveat or a petitioner for probate or letters of administration does not comply with the provisions of subsection (1) or (2) , the caveat and the petition for probate or letters of administration shall lapse. Where a caveat lodged under subsection (2) lapses, the person who lodged the caveat shall not lodge another caveat in respect of the same estate.
Section 252
§ 253Practice in granting and revoking probates and letters of administration - Power to transmit statement to High Court in doubtful cases where no contentionProvision

If there is no contention but the Chief Magistrate or Magistrate doubts whether to grant probate or letters of administration, they may send a statement to the High Court; the High Court may direct them how to proceed or forbid further proceedings.

Section Power to transmit statement to High Court in doubtful cases where no contention Section In every case in which there is no contention, but it appears to the Chief Magistrate or the Magistrate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the Chief Magistrate or the Magistrate may, if he or she thinks proper, transmit a statement of the matter in question to the High Court which may direct the Chief Magistrate or the Magistrate to proceed in the matter of the application, according to such instructions as to the High Court may seem necessary, or may forbid any further proceeding by the chief magistrate and the magistrate in relation to the matter of the application, leaving the party applying for the grant in question to make application to the High Court.
Section 253
§ 254Practice in granting and revoking probates and letters of administration - Procedure where there is contention, or chief magistrate and magistrate thinks probate, etc. should be refused in his or her courtProvision

If the Chief Magistrate or Magistrate impounds a petition and related documents for the purposes of justice, they are authorised to impound them and must send them to the High Court.

Section Procedure where there is contention, or chief magistrate and magistrate thinks probate, etc. should be refused in his or her court Section In every case in which there is contention, or the Chief Magistrate or the Magistrate is of opinion that the probate or letters of administration should be refused in his or her court , the petition, and any documents that may have been filed with it, shall be returned to the person by whom the application was made in order that they may be presented to the High Court, unless the Chief Magistrate or the Magistrate thinks it necessary, for the purposes of justice, to impound them, which he or she is authorised to do; and in that case he or she shall send them to the High Court.
Section 254
§ 255Practice in granting and revoking probates and letters of administration - Grant of probate to be under seal of courtProvision

A judge of the High Court, Chief Magistrate or Magistrate shall grant probate under the seal of the court when it appears probate should be granted; executors must inventory estate within six months and render an account within one year; the court may extend prescribed periods on application and satisfaction of conditions.

Section Grant of probate to be under seal of court Section Court may on application extend the period prescribed in subsection (2) for a further period of two years or any other reasonable time as determined by court if the court is satisfied that— the person to whom the grant of probate was made has— Subsections (2) and (3) shall not apply to— Where it appears to a judge of the High Court or Chief Magistrate or Magistrate that probate of a will should be granted, he or she shall grant probate under the seal of his or her court in the following manner— “I,____________________, judge of the High Court ( or Chief Magistrate or Magistrate ) appointed for granting probate or letters of administration in ____________________, ( here insert the limits of the delegate's jurisdiction ) make known that on the _____________ day of ______, in the year___, the last will of ____________________, late of ____________________, a copy of which is annexed, was proved and registered before me, and that administration of the property and credits of the deceased, and in any way concerning his or her will, was granted to ____________________, the executor or executrix named in the will, he (or she) having undertaken to administer the will, and to make a full and true inventory of the property and credits, and exhibit it in this court within six months from the date of this grant, or within such further time as the court may from time to time appoint, and also to render to this court a true account of the property and credits within one year from the same date, or within such further time as the court may from time to time appoint.”. The grant of probate under subsection (1) shall be valid for a period not exceeding two years. it is in the best interest of the beneficiaries to extend the period; and complied with the provisions of this Act or any condition on which probate was granted; and obtained the consent of all the beneficiaries in the estate for which probate was made. letters of administration granted under section 212 ; or pension forming part of the estate.
Section 255
§ 256Practice in granting and revoking probates and letters of administration - Grant of letters of administration to be under seal of courtProvision

When it appears to a judge or magistrate that letters of administration should be granted, the judge or magistrate shall grant them under the seal of the court; the grantee must inventory estate assets within six months and render an account within one year; the court may, on application and subject to conditions, extend prescribed periods; grants are valid for not exceeding two years.

Section Grant of letters of administration to be under seal of court Section The court may on application extend the period prescribed in subsection (2) for a further period of two years or any other reasonable time as determined by court where the court is satisfied that— the person to whom letters of administration were granted has— Subsections (2) and (3) shall not apply to letters of administration granted to— Where it appears to a judge of the High Court or Chief Magistrate or Magistrate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he or she shall grant the letters of administration under the seal of his or her court in the following manner— “I____________________________, judge of the High Court ( or Chief Magistrate or Magistrate ) appointed for granting probate or letters of administration in, ( here insert the limits of the delegate’s jurisdiction ) make known that on the day of_____________________, letters of administration (with or without the will annexed, as the case may be) of the property and credits of ___________________, late of______________, deceased, were granted to________________________________, the parent ( or as the case may be ) of the deceased, he ( or she ) having undertaken to administer the property and credits, and to make a full and true inventory of them, and to exhibit it in this court within six months from the date of this grant, or within such further time as the court may from time to time appoint, and also to render to this court a true account of the property and credits within one year from the same date, or within such further time as the court may from time to time appoint.”. The grant of letters of administration under subsection (1) shall be valid for a period not exceeding two years. it is in the best interest of the beneficiaries to extend the period; and complied with the provisions of this Act or any condition to which the grant of letters of administration is subject to; and obtained the consent to apply for the extension of the letters of administration from all the beneficiaries of the estate to which the letters of administration apply. letters of administration granted under section 212 ; the portion of the estate administered under section 23(2) ; or pension forming part of the estate.
Section 256
§ 257Practice in granting and revoking probates and letters of administration - Administration bondProvision

The court may require a person, before granting letters of administration, to give a bond to a judge, Chief Magistrate or Magistrate (with sureties) in a form directed by the High Court.

Section Administration bond Section The court may before committing a grant of letters of administration to any person require that person to give a bond to a judge of the High Court or Chief Magistrate or Magistrate to enure for the benefit of the judge or delegate for the time being, with one or more surety or sureties, engaging for the due collection, getting in and administering the estate of the deceased, which bond shall be in such form as the High Court shall, from time to time, by any general or special order, direct.
Section 257
§ 258Practice in granting and revoking probates and letters of administration - Assignment of administration bondProvision

The court may assign an administration bond to a person (or their executors/administrators) on petition and specified conditions; that assignee may sue on and recover on the bond as trustee for interested persons.

Section Assignment of administration bond Section The court may, on application made by petition, and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security or providing that the money received be paid into court , or otherwise as the court may think fit, assign the bond to some person, his or her executors or executrixes, or administrators or administratrices, who shall thereupon be entitled to sue on the bond in his or her own name as if the bond had been originally given to him or her instead of to a judge of the High Court or Chief Magistrate or Magistrate, and shall be entitled to recover on it, as trustee for all persons interested, the full amount recoverable in respect of any breach of the bond.
Section 258
§ 259Practice in granting and revoking probates and letters of administration - Time for grant of probate and administrationProvision

Probate cannot be granted until seven clear days after death; letters of administration cannot be granted until fourteen clear days after death.

Section Time for grant of probate and administration Section No probate of a will shall be granted until after the expiration of seven clear days, and letters of administration shall not be granted until after the expiration of fourteen clear days, from the day of the death of the testator or testatrix or intestate.
Section 259
§ 260Practice in granting and revoking probates and letters of administration - Filing of original wills of which probate or administration with will annexed grantedProvision

A judge, Chief Magistrate or Magistrate must file and preserve original wills among their court records, and the Attorney General must make regulations for preserving and inspecting those filed wills.

Section Filing of original wills of which probate or administration with will annexed granted Section A judge of the High Court or Chief Magistrate or Magistrate shall file and preserve all original wills of which probate or letters of administration with the will annexed may be granted by him or her among the records of his or her court , until some public registry for wills is established; and the Attorney General shall make regulations for the preservation and inspection of the wills so filed.
Section 260
§ 261Practice in granting and revoking probates and letters of administration - Grantee of probate or administration alone to sue, etc. until grant revokedProvision

After a grant of probate or letters of administration, only the person granted probate or administration may sue or act as the deceased's representative until the grant is recalled or revoked.

Section Grantee of probate or administration alone to sue, etc. until grant revoked Section After any grant of probate or letters of administration, no person other than the person to whom the same has been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, until the probate or letters of administration has or have been recalled or revoked.
Section 261
§ 262Practice in granting and revoking probates and letters of administration - Procedure in contentious casesProvision

In contentious High Court probate or administration cases the proceedings should, as far as possible, follow ordinary civil suit procedure; the High Court may refer parties to the Administrator General in certain notice-related situations and must issue summonses to persons named in the probate or administration application to appear as witnesses.

Section Procedure in contentious cases Section In any case before the High Court in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit according to the provisions of the law relating to civil procedure. The High Court may refer the parties to a suit under this section to the Administrator General, where the party whose application is the cause of the suit was not required to and therefore, did not give the Administrator General notice of the application for a grant under section 5 of the Administrator General’s Act. The High Court shall in all matters before the court under this section, issue summons to all the persons mentioned in the application for probate or letters of administration to appear before the court as witnesses.
Section 262
§ 263Practice in granting and revoking probates and letters of administration - Payment to executor or executrix or administrator or administratrix before probate or administration revokedProvision

Payments made in good faith to an executor or administrator under a probate or administration before its revocation are a legal discharge to the payer, and an executor or administrator who acted under a revoked probate or administration may retain and reimburse themselves for payments they made.

Section Payment to executor or executrix or administrator or administratrix before probate or administration revoked Section Where any probate is or letters of administration are revoked, all payments bona fide made to any executor or executrix or administrator or administratrix under the probate or administration before its revocation shall, notwithstanding the revocation, be a legal discharge to the person making the payments; and an executor or executrix or administrator or administratrix who has acted under any revoked probate or administration may retain and reimburse himself or herself in respect of any payments he or she made, which the person to whom probate or letters of administration shall be afterwards granted might have lawfully made.
Section 263
§ 264Practice in granting and revoking probates and letters of administration - Appeals from orders of Chief Magistrate or MagistrateProvision

Every order made by the Chief Magistrate or a Magistrate may be appealed to the High Court under the applicable civil procedure rules.

Section Appeals from orders of Chief Magistrate or Magistrate Section Every order made by Chief Magistrate or Magistrate by virtue of the powers hereby conferred upon him or her shall be subject to appeal to the High Court under the civil procedure rules applicable to appeals.
Section 264

Part XXXII

Executors or executrixes of their own wrong

§ 265Executors or executrixes of their own wrong - Intermeddling and other actsOffence

It is an offence for a person (not the Administrator General, the Administrator General's agent, or a court-appointed executor/administrator) to intermeddle with a deceased person's estate; certain limited acts before grant of probate/administration (listed) are permitted and do not amount to intermeddling, subject to a three-month or until-grant time limit. Persons taking possession must immediately report to the Administrator General and are liable for loss they cause; offences carry fines or imprisonment and may include an obligation to make good losses.

Section Intermeddling and other acts Section A person is taken to intermeddle with the estate of a deceased person where that person, while not being the Administrator General, an agent of the Administrator General or a person to whom probate or letters of administration have been granted to by court — Notwithstanding subsection (1) a person may before grant of letters of administration or probate , take possession of the property of the deceased person for the purpose of— A person who intermeddles in the estate of a deceased person commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding ten years, or both and shall in addition to the penalty make good the loss occasioned to the estate. takes possession or disposes of the property of a deceased person; or does any other act which belongs to the office of the executor or executrix, or administrator or administratrix. preserving the estate of a deceased person; providing for the funeral of the deceased person; providing for the immediate necessities of the family of the deceased person; preserving and ensuring the prudent management of the business of the deceased person, including preserving the goods of trade of the deceased person; or receiving money or other funds belonging to the deceased person, and any action done under this subsection shall not amount to intermeddling. The duration for which a person referred to in subsection (3) may take possession of the estate of the deceased person, is three months from the date of death of the deceased person or until the grant of letters of administration or probate , whichever first occurs. A person who takes possession of the estate of the deceased person under subsection (3) shall immediately report the particulars of the property and the action taken regarding that property to the Administrator General or the agent of the Administrator General. A person who has reason to believe that the person who has taken possession of the estate of a deceased person under subsection (3) has caused loss or damage to the estate may seek redress from the Administrator General or his or her agent. A person who takes possession of the property of the deceased person under subsection (3) and causes loss or damage to the property shall be personally liable for any loss occasioned to the estate and shall make good the loss occasioned to the estate. A person who takes possession of property of a deceased person beyond the time prescribed under subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding ten years, or both. An executor or executrix who, before the grant of probate , misapplies the estate of the deceased person or subjects the estate to loss or damage, commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term not exceeding two years, or both. In addition to the penalty prescribed under subsection (9) , the person convicted under that subsection shall be liable to make good the loss occasioned to the estate. A person who has applied for grant of letters of administration under Part XXXI, who before the grant of letters of administration, misapplies the estate of the deceased or subjects it to loss or damage commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term not exceeding two years, or both. In addition to the penalty prescribed under subsection (11) , the person convicted shall be liable to make good the loss occasioned to the estate.
Section 265
§ 266Executors or executrixes of their own wrong - Liability of executor or executrix of his or her own wrongProvision

A person who becomes an executor of his or her own wrong must answer to the rightful executor, administrator, creditor or legatee for assets that came into their hands, after certain deductions.

Section Liability of executor or executrix of his or her own wrong Section When a person has so acted as to become an executor or executrix of his or her own wrong, he or she is answerable to the rightful executor or executrix or administrator or administratrix, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his or her hands, after deducting payments made to the rightful executor or executrix or administrator or administratrix, and payments made in due course of administration.
Section 266

Part XXXIII

Powers of executor or executrix or administrator or administratrix

§ 267Powers of executor or executrix or administrator or administratrix - Disposal of propertyProvision

Executors or administrators must account for sale proceeds; they may sell estate property with written consent of the surviving spouse and all lineal descendants (subject to sections 23 and 30(2)); guardians must consent for minor beneficiaries; if consent is withheld the executor may apply to court; the court may authorise sale if beneficial; beneficiaries get first option to buy; executors are generally ineligible to buy except in limited circumstances; disposals contrary to the section are void.

Section Disposal of property Section The executor , executrix or administrator or administratrix shall account for the proceeds of sale— Subject to sections 23 and 30(2) , an executor , executrix or administrator or administratrix as may be applicable, may with the written consent of the surviving spouse and all the lineal descendants of the deceased person, dispose of the property of the deceased either wholly or in part. Where a beneficiary of the estate is a minor , the consent required in subsection (1) shall be given by the guardian of the minor and where the guardian of the minor is the executor or executrix or administrator or administratrix, the consent shall be granted by court . Where a surviving spouse , lineal descendant or a guardian of a minor withholds his or her consent to the disposal of the property belonging to a deceased person, the executor or executrix or administrator or administratrix, as the case may be, may apply to a court of competent jurisdiction for direction. For the purposes of subsection (3) , court may, if satisfied that the disposal of the property is beneficial to the estate or to a beneficiary of the estate, authorise the sale of the property, with or without conditions. in the case of a sale under subsection (1) or (4) , to the beneficiaries; and in the case of a sale under subsection (2) , to court . In disposing of property under this section, the first option shall be given to a beneficiary of the estate to purchase the property. An executor , executrix or administrator or administratrix shall not be eligible to purchase property of the estate, except were such executor , executrix or administrator or administratrix is a surviving spouse or lineal descendant , and has obtained the consent to purchase the property from the spouse or lineal descendant as the case may be. Any disposal of the property belonging to the estate of a deceased person in contravention of this section shall be void.
Section 267
§ 268Powers of executor or executrix or administrator or administratrix - Powers of several executors or executrixes, etc. exercisable by oneProvision

If there are multiple executors or administrators, any one of them who has proved the will or taken out administration may exercise the powers of all, subject to direction to the contrary.

Section Powers of several executors or executrixes, etc. exercisable by one Section When there are several executors or executrixes or administrators or administratrices, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the will or taken out administration. Notwithstanding subsection (1) , where there is more than one executor or executrix, probate may, with the consent of all the other executors or executrixes, be granted to a sole executor or executrix or any other number of executors or executrixes as the case may be. Where in an estate with more than one executor or executrix or administrator or administratrix, a dispute arises between the executors or executrixes or administrators or administratrices or between the executor or executrix or an administrator or administratrix and a beneficiary of the estate, the dispute shall be referred for arbitration to the Registrar of the High Court or a Chief Magistrate. A person aggrieved by the decision of the Registrar or Chief Magistrate under this section may appeal against the decision in accordance with the law. The Chief Justice shall issue practice directives to regulate arbitration proceedings undertaken by a Registrar or Chief Magistrate under this section.
Section 268
§ 269Powers of executor or executrix or administrator or administratrix - Survival of executors or executrixes or administrators or administratricesProvision

If one or more co-executors or co-administrators die, the remaining executors or administrators gain (vested) all the powers of the office.

Section Survival of executors or executrixes or administrators or administratrices Section Upon the death of one or more of several executors or executrixes or administrators or administratrices, all the powers of the office become vested in the survivors or survivor.
Section 269
§ 270Powers of executor or executrix or administrator or administratrix - Administrator or administratrix of effects unadministeredProvision

An administrator (or administratrix) of unadministered effects has the same powers, with respect to those effects, as the original executor or administrator.

Section Administrator or administratrix of effects unadministered Section The administrator or administratrix of effects unadministered has, with respect to those effects, the same powers as the original executor or executrix or administrator or administratrix.
Section 270
§ 271Powers of executor or executrix or administrator or administratrix - Administrator or administratrix during minorityProvision

An administrator or administratrix during minority has the same powers as an ordinary administrator.

Section Administrator or administratrix during minority Section An administrator or administratrix during minority has all the powers of an ordinary administrator .
Section 271

Part XXXIV

Duties of executor or executrix or administrator or administratrix

§ 272Duties of executor or executrix or administrator or administratrix - Deceased’s funeralProvision

An executor or executrix must perform the deceased's funeral in a manner suitable to the deceased's condition if the deceased left property sufficient for that purpose.

Section Deceased’s funeral Section It is the duty of an executor or executrix to perform the funeral of the deceased in a manner suitable to his or her condition, if the deceased has left property sufficient for the purpose.
Section 272
§ 273Duties of executor or executrix or administrator or administratrix - Inventory and accountOffence

Executors or administrators must submit an inventory within six months of grant (or further time allowed by the court), submit an account within one year (or further time allowed), and file final verified accounts on completion of administration (except small estates); the Chief Justice may prescribe the form; intentional failure or false statements are offences under cited Penal Code sections.

Section Inventory and account Section An executor or executrix or administrator or administratrix shall, within six months from the grant of probate or letters of administration, or within such further time as the court which granted the probate or letters may from time to time appoint, exhibit in that court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or executrix or administrator or administratrix is entitled in that character; and shall in like manner within one year from the grant, or within such further time as the court may from time to time appoint, exhibit an account of the estate, showing the assets which have come to his or her hands, and the manner in which they have been applied or disposed of. On the completion of the administration of an estate, other than an estate administered under the Administration of Estates (Small Estates) (Special Provisions) Act, an executor or executrix or an administrator or administratrix shall file in court the final accounts relating to the estate verified by an affidavit two copies of which shall be transmitted by the court to the Administrator General. The Chief Justice may from time to time prescribe the form in which an inventory or account under this section is to be exhibited. If an executor or executrix or administrator or administratrix, on being required by the court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he or she shall be deemed to have committed an offence under section 104 of the Penal Code Act. The exhibition by an executor or executrix or administrator or administratrix of an intentionally false inventory or account under this section shall be deemed to be an offence under section 81 of the Penal Code Act.
Section 273
§ 274Duties of executor or executrix or administrator or administratrix - Property of deceased personProvision

An executor, executrix, administrator or administratrix must diligently manage the deceased's property and collect debts owed to the deceased.

Section Property of deceased person Section An executor , executrix or administrator or administratrix shall manage, with reasonable diligence, the property of the deceased, and collect the debts that were due to the deceased at the time of his or her death. Debts incurred by the deceased against the principal residential property or any other residential property during marriage without the written consent of the spouse who prior to the death of the deceased person shared that principal residential property or any other residential property with the deceased, shall be void and shall be excluded from payment from the estate of the deceased person.
Section 274
§ 275Duties of executor or executrix or administrator or administratrix - Expenses to be paid in priorityProvision

Funeral expenses and deathbed charges (including one month of board and lodging and medical attendance fees) are to be paid before all debts.

Section Expenses to be paid in priority Section Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and deathbed charges, including fees for medical attendance, and board and lodging for one month previous to his or her death, are to be paid before all debts.
Section 275
§ 276Duties of executor or executrix or administrator or administratrix - Expenses to be paid next after such expensesProvision

Expenses of obtaining probate or letters of administration, including costs for any judicial proceedings necessary for administering the estate, are to be paid next after funeral expenses and deathbed charges.

Section Expenses to be paid next after such expenses Section The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, are to be paid next after the funeral expenses and deathbed charges.
Section 276
§ 277Duties of executor or executrix or administrator or administratrix - Wages and other debtsProvision

Wages for services rendered to the deceased by any labourer, artisan or domestic servant within three months before death are to be paid before the other debts of the deceased.

Section Wages and other debts Section Wages due for services rendered to the deceased within three months preceding his or her death by any labourer, artisan or domestic servant are next to be paid, and then the other debts of the deceased.
Section 277
§ 278Duties of executor or executrix or administrator or administratrix - All other debts to be paid equally and rateablyProvision

The executor or administratrix must pay all debts known to them, including their own, equally and rateably as far as the deceased's assets extend.

Section All other debts to be paid equally and rateably Section Except as provided in sections 275 , 276 and 277 , no creditor is to have a right of priority over another by reason that his or her debt is secured by an instrument under seal, or on any other account; but the executor or executrix or administrator or administratrix shall pay all such debts as he or she knows of, including his or her own, equally and rateably, as far as the assets of the deceased will extend.
Section 278
§ 279Duties of executor or executrix or administrator or administratrix - Payment of debts where domicile not in UgandaProvision

If the deceased's domicile was not in Uganda, the application of their movable property to pay their debts is to be governed by the law of Uganda.

Section Payment of debts where domicile not in Uganda Section If the domicile of the deceased was not in Uganda, the application of his or her movable property to the payment of his or her debts is to be regulated by the law of Uganda.
Section 279
§ 280Duties of executor or executrix or administrator or administratrix - Creditor paid in part to bring payment into accountProvision

A creditor who has already received part payment under section 279 is not entitled to share in the deceased's immovable estate unless they bring that payment into account for other creditors.

Section Creditor paid in part to bring payment into account Section A creditor who has received payment of a part of his or her debt by virtue of section 279 shall not be entitled to share in the proceeds of the immovable estate of the deceased unless he or she brings that payment into account for the benefit of the other creditors.
Section 280
§ 281Duties of executor or executrix or administrator or administratrix - Debts to be paid before legaciesProvision

Debts of every description shall be paid before any legacy.

Section Debts to be paid before legacies Section Debts of every description shall be paid before any legacy.
Section 281
§ 282Duties of executor or executrix or administrator or administratrix - Executor or executrix, etc. not bound to pay legacies without indemnityProvision

If the deceased's estate has contingent liabilities, an executor or administrator is not required to pay any legacy unless they receive a sufficient indemnity to cover those liabilities.

Section Executor or executrix, etc. not bound to pay legacies without indemnity Section If the estate of the deceased is subject to any contingent liabilities, an executor or executrix or administrator or administratrix is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.
Section 282
§ 283Duties of executor or executrix or administrator or administratrix - Abatement of general legaciesProvision

If estate assets after debts, expenses and specific legacies are insufficient, general legacies are reduced equally; executors may not prefer one legatee over another or retain legacy money for themselves or persons they trust.

Section Abatement of general legacies Section If the assets, afterpayment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions; and the executor or executrix has no right to pay one legatee in preference to another, nor to retain any money on account of a legacy to himself or herself or to any person for whom he or she is a trustee.
Section 283
§ 284Duties of executor or executrix or administrator or administratrix - Non-abatement of specific legacyProvision

If there is a specific legacy and the assets are enough to pay debts and necessary expenses, the specified thing must be delivered to the legatee without any abatement.

Section Non-abatement of specific legacy Section Where there is a specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing specified must be delivered to the legatee without any abatement.
Section 284
§ 285Duties of executor or executrix or administrator or administratrix - Demonstrative legacy when assets sufficient to pay debts and necessary expensesProvision

If a demonstrative legacy exists and the specified fund is exhausted leaving part unpaid, the legatee can claim the unpaid remainder from the general assets.

Section Demonstrative legacy when assets sufficient to pay debts and necessary expenses Section Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, and the legatee has a preferential claim for payment of his or her legacy out of the fund from which the legacy is directed to be paid until the fund is exhausted, and, if, after the fund is exhausted, part of the legacy still remains unpaid, he or she is entitled to rank for the remainder against the general assets as for a legacy of the amount of the unpaid remainder.
Section 285
§ 286Duties of executor or executrix or administrator or administratrix - Abatement of specific legaciesProvision

If the assets are not sufficient to answer the debts and specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.

Section Abatement of specific legacies Section If the assets are not sufficient to answer the debts and specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts.
Section 286
§ 287Duties of executor or executrix or administrator or administratrix - Legacies treated as general for purpose of abatementProvision

For the purpose of abatement, certain legacies (a legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no sum is appropriated) are treated as general legacies.

Section Legacies treated as general for purpose of abatement Section For the purpose of abatement, a legacy for life, a sum appropriated by the will to produce an annuity and the value of an annuity when no sum has been appropriated to produce it shall be treated as general legacies.
Section 287

Part XXXIX

Refunding of legacies

§ 314Refunding of legacies - Refund of legacy paid under judge’s ordersProvision

An executor or executrix who has paid a legacy under a judge's order may require the legatee to refund it if the estate assets are insufficient to pay all legacies.

Section Refund of legacy paid under judge’s orders Section Where an executor or executrix has paid a legacy under the order of a judge, he or she is entitled to call upon the legatee to refund in the event of the assets proving insufficient to pay all the legacies.
Section 314
§ 315Refunding of legacies - No refund if paid voluntarilyProvision

If an executor or executrix voluntarily pays a legacy, they cannot require a legatee to refund it even if the estate's assets prove insufficient to pay all legacies.

Section No refund if paid voluntarily Section Where an executor or executrix has voluntarily paid a legacy, he or she cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies.
Section 315
§ 316Refunding of legacies - Refund when legacy has become due on performance of conditionProvision

If a will's condition is later performed after an executor distributed assets in good faith following the deadline and further time was allowed under section 120, the persons who received the legacy must refund the amount.

Section Refund when legacy has become due on performance of condition Section When the time prescribed by a will for the performance of a condition has elapsed without the condition having been performed and the executor or executrix has thereupon, without fraud, distributed the assets, in such case, if further time has been allowed under section 120 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor or executrix, but those to whom he or she has paid it are liable to refund the amount.
Section 316
§ 317Refunding of legacies - When each legatee compellable to refund in proportionProvision

When an executor/executrix has paid out legacies and later must pay a previously unknown debt, the executor/executrix may require each legatee to refund proportionally.

Section When each legatee compellable to refund in proportion Section When the executor or executrix has paid away the assets in legacies, and he or she is afterwards obliged to discharge a debt of which he or she had no previous notice, he or she is entitled to call upon each legatee to refund in proportion.
Section 317
§ 318Refunding of legacies - Distribution of assetsProvision

After giving the prescribed notices and once the claim period expires, an executor or administrator may distribute estate assets to satisfy lawful claims they know of and will not be liable for distributions made without notice; creditors still retain the right to follow distributed assets.

Section Distribution of assets Section Where an executor or executrix or administrator or administratrix has given such notices as would have been given by the High Court in an administration suit for creditors and others to send into him or her their claims against the estate of the deceased, he or she shall, at the expiration of the time named in the notices for sending in claims, be at liberty to distribute the assets, or any part of them, in discharge of such lawful claims as he or she knows of, and shall not be liable for the assets so distributed to any person of whose claim he or she shall not have had notice at the time of the distribution; but nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part of them, in the hands of the persons who may have received them.
Section 318
§ 319Refunding of legacies - Creditor may call upon legatee to refundProvision

A creditor who has not been paid may ask a legatee who received a legacy to refund it.

Section Creditor may call upon legatee to refund Section A creditor who has not received payment of his or her debt may call upon a legatee who has received payment of his or her legacy to refund, whether the assets of the estate of the testator or testatrix were or were not sufficient at the time of the death of the testator or testatrix to pay both debts and legacies, and whether the payment of the legacy by the executor or executrix was voluntary or not.
Section 319
§ 320Refunding of legacies - When legatee not satisfied, or compelled to refund, cannot oblige one paid in full to refundProvision

If the testator's assets were sufficient at death, a legatee who was unpaid (or compelled to refund under section 319) cannot force a legatee who was paid in full to refund even if assets later become deficient.

Section When legatee not satisfied, or compelled to refund, cannot oblige one paid in full to refund Section If the assets were sufficient to satisfy all the legacies at the time of the death of the testator or testatrix, a legatee who has not received payment of his or her legacy, or who has been compelled to refund under section 319 , cannot oblige one who has received payment in full to refund, whether the legacy was paid to him or her with or without suit, although the assets have subsequently become deficient by the wasting of the executor or executrix.
Section 320
§ 321Refunding of legacies - When unsatisfied legatee must first proceed against executor or executrix, if solventProvision

An unsatisfied legatee must first proceed against a solvent executor or executrix before calling on a satisfied legatee to refund; if the executor is insolvent or not liable, the unsatisfied legatee may require each satisfied legatee to refund in proportion.

Section When unsatisfied legatee must first proceed against executor or executrix, if solvent Section If the assets were not sufficient to satisfy all the legacies at the time of the death of the testator or testatrix, a legatee who has not received payment of his or her legacy must, before he or she can call on a satisfied legatee to refund, first proceed against the executor or executrix, if he or she is solvent; but, if the executor or executrix is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
Section 321
§ 322Refunding of legacies - Limit of refunding of one legatee to anotherProvision

The refunding by one legatee to another must not exceed the amount by which the satisfied legacy ought to have been reduced if the estate had been properly administered.

Section Limit of refunding of one legatee to another Section The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered.
Section 322
§ 323Refunding of legacies - Refunding without interestProvision

Refunding must be done without interest.

Section Refunding without interest Section The refunding shall, in all cases, be without interest.
Section 323
§ 324Refunding of legacies - Residue to be paid to residuary legateeProvision

After payment of debts and legacies, the surplus (residue) of the deceased’s property shall be paid to the residuary legatee appointed by the will.

Section Residue to be paid to residuary legatee Section The surplus or residue of the deceased’s property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will.
Section 324
§ 325Refunding of legacies - Transfer of assets from Uganda to executor or executrix or administrator or administratrix in country of domicile for distributionProvision

An executor or administrator in Uganda may transfer surplus or residue of a non‑resident deceased’s property to the executor or administrator in the deceased’s country of domicile for distribution, provided notices (section 318) were given, lawful claims known were discharged at the expiration of the notice period, and the foreign executor’s consent is obtained.

Section Transfer of assets from Uganda to executor or executrix or administrator or administratrix in country of domicile for distribution Section Where a person not having his or her domicile in Uganda has died leaving assets both in Uganda and in the country in which he or she had his or her domicile at the time of his or her death, and there has been a grant of probate or letters of administration in Uganda with respect to the assets there, and a grant of administration in the country of domicile with respect to the assets in that country, the executor or executrix or administrator or administratrix, as the case may be, in Uganda, after having given such notices as are mentioned in section 318 , and after having discharged, at the expiration of the time named in the notices, such lawful claims as he or she knows of, may, instead of himself or herself distributing any surplus or residue of the deceased’s property to persons residing out of Uganda who are entitled to it, transfer, with the consent of the executor or executrix or administrator or administratrix, as the case may be, in the country of domicile, the surplus or residue to that executor or executrix or administrator or administratrix for distribution to those persons.
Section 325
§ 326Refunding of legacies - Procedure where deceased has left property in a court of a country other than UgandaProvision

Applicants to the High Court for probate or administration must notify the court if they believe the deceased left property in a foreign court; the court may delay payment of non-priority claims (for up to 18 months), accept foreign court-certified statements for distribution decisions, order assets to be distributed to secure rateable payments, permit transmission of remaining balances abroad, and executors acting in good faith under such orders are not liable to be sued.

Section Procedure where deceased has left property in a court of a country other than Uganda Section A person applying to the High Court for a grant of probate or letters of administration shall, if at that time or at any time after he or she has reason to believe that the deceased has left property in a court of a country other than Uganda, notify the court to that effect. The court may, at the time of granting probate or letters of administration, or at any time after that, on being notified of the existence of property belonging to the deceased in either a country other than Uganda, order that no claims other than claims entitled to priority be paid until the expiration of a period not exceeding eighteen months from the making of the order. A statement duly certified by a court of a country other than Uganda, and filed in the High Court of Uganda within the period ordered under subsection (2) , showing the assets and liabilities of the estate of a deceased person within the respective jurisdictions of those courts, may be taken into account by an executor or executrix or administrator or administratrix in Uganda, and the court may order that the assets be distributed in such manner as to secure the payment of all claims, other than those entitled to priority, rateably with those certified by a court of a country other than Uganda as under this subsection. The court may order that any balance remaining in the hands of an executor or executrix or administrator or administratrix after payment of claims in Uganda, whether in full or rateably under the provisions of this section, may be transmitted in whole or in part to an executor or executrix or administrator or administratrix of the estate in a country other than Uganda. An executor or executrix or administrator or administratrix or administratrix acting in good faith under an order of the court as aforesaid shall not be liable to be sued in respect of that action.
Section 326

Part XXXV

Executor’s or executrix’s assent to legacy

§ 288Executor’s or executrix’s assent to legacy - Assent necessary to complete legatee’s titleProvision

An executor or executrix must give assent to complete a legatee’s title to their legacy.

Section Assent necessary to complete legatee’s title Section The assent of the executor or executrix is necessary to complete a legatee’s title to his or her legacy.
Section 288
§ 289Executor’s or executrix’s assent to legacy - Effect of executor’s or executrix’s assent to specific legacyProvision

An executor's or executrix's assent to a specific bequest is sufficient to divest their executor interest and transfer the bequest to the legatee, subject to transfer rules required by the nature or circumstances of the property.

Section Effect of executor’s or executrix’s assent to specific legacy Section The assent of the executor or executrix to a specific bequest shall be sufficient to divest his or her interest as executor or executrix in it, and to transfer the subject of the bequest to the legatee, unless the nature or the circumstances of the property require that it shall be transferred in a particular way. The assent of the executor or executrix may be verbal, and it may be either express or implied from the conduct of the executor or executrix.
Section 289
§ 290Executor’s or executrix’s assent to legacy - Conditional assentProvision

An executor or executrix may make their assent to a legacy conditional; if the condition is one they have a right to enforce and it is not performed, there is no assent.

Section Conditional assent Section The assent of an executor or executrix to a legacy may be conditional, and if the condition is one which he or she has a right to enforce and it is not performed, there is no assent.
Section 290
§ 291Executor’s or executrix’s assent to legacy - Assent of executor or executrix to his or her own legacyProvision

If an executor or executrix is also a legatee, they must assent to their own legacy to complete title; assent can be express or implied, and is implied when their administration includes acts referable to them as legatee rather than as executor.

Section Assent of executor or executrix to his or her own legacy Section When the executor or executrix is a legatee, the executor ’s or executrix’s assent to his or her own legacy is necessary to complete his or her title to it, in the same way as it is required when the bequest is to another person, and that assent may in like manner be express or implied. Assent shall be implied, if, in his or her manner of administering the property, the executor or executrix does any act which is referable to his or her character of legatee, and is not referable to his or her character of executor or executrix.
Section 291
§ 292Executor’s or executrix’s assent to legacy - Effect of executor’s or executrix’s assentProvision

When the executor or executrix assents to a legacy, that legacy takes effect from the death of the testator or testatrix.

Section Effect of executor’s or executrix’s assent Section The assent of the executor or executrix to a legacy gives effect to it from the death of the testator or testatrix.
Section 292
§ 293Executor’s or executrix’s assent to legacy - Payment of legacy, etc.Provision

An executor or executrix is not required to pay or deliver any legacy until one year after the testator's death.

Section Payment of legacy, etc. Section An executor or executrix is not bound to pay or deliver any legacy until the expiration of one year from the death of the testator or testatrix.
Section 293
§ 294Executor’s or executrix’s assent to legacy - PartitionProvision

A person beneficially interested in immovable property vested in a personal representative may petition the court for partition; the court may appoint arbitrators if satisfied it would be beneficial and not economically undesirable; the arbitrators' signed and court‑confirmed award vests the allotted immovable property in each allottee, and any charge for equalising the partition takes effect according to the award's expressed terms.

Section Partition Section A person beneficially interested in any immovable property vested in a personal representative may apply by petition to the court for a partition of it; and the court , if satisfied that the partition would be beneficial to all persons interested and would not be economically undesirable, may appoint one or more arbitrators to effect the partition. The report and final award of the arbitrators, setting forth the particulars of the immovable property allotted to each of the parties interested, shall, subject to any law or laws for the time being in force, when signed by them and confirmed by order of the court , be effectual to vest in each allottee the immovable property so allotted; and, if the allotment is made subject to the charge of any money payable to any other party interested for equalising the partition, the charge shall take effect according to the terms and conditions in regard to time and mode of payment and otherwise which shall be expressed in the award.
Section 294

Part XXXVI

Payment and apportionment of annuities

§ 295Payment and apportionment of annuities - Commencement of annuity when no time fixed by willCommencement

If an annuity is given by a will and no time is fixed for its commencement, it begins at the death of the testator or testatrix, and the first payment is due one year after that event.

Section Commencement of annuity when no time fixed by will Section Where an annuity is given by a will, and no time is fixed for its commencement, it shall commence from the death of the testator or testatrix, and the first payment shall be made at the expiration of one year after that event.
Section 295
§ 296Payment and apportionment of annuities - When annuity to be paid periodically first falls dueProvision

The executor or executrix is not required to pay the annuity payment until the end of the year.

Section When annuity to be paid periodically first falls due Section Where there is a direction that an annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the death of the testator or testatrix, and shall, if the executor or executrix thinks fit, be paid when due; but the executor or executrix shall not be bound to pay it till the end of the year.
Section 296
§ 297Payment and apportionment of annuities - Successive payments when first payment directed to be made within given timeProvision

If a will directs that the first annuity payment be made within a set time after death or on a day certain, later payments must be made on the anniversary of the earliest authorised first-payment date; if the annuitant dies between payments, an apportioned share must be paid to the annuitant's representative.

Section Successive payments when first payment directed to be made within given time Section Where there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator or testatrix, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the will authorises the first payment to be made; and, if the annuitant should die in the interval between the times of payment, an apportioned share of the annuity shall be paid to his or her representative.
Section 297

Part XXXVII

Investment of funds to provide for legacies

§ 298Investment of funds to provide for legacies - Investment of sum bequeathed where legacy given for lifeProvision

If a legacy (not specific) is given for life, the sum bequeathed must be invested at the end of the year in securities authorised by law, and the proceeds must be paid to the legatee as they accrue.

Section Investment of sum bequeathed where legacy given for life Section Where a legacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year be invested in such securities as are authorised by law, and the proceeds of the investment shall be paid to the legatee as the proceeds shall accrue due.
Section 298
§ 299Investment of funds to provide for legacies - Investment of general legacy to be paid at future timeProvision

If a general legacy is to be paid later, the executor or executrix must invest enough money in the securities mentioned in section 298 to meet that legacy.

Section Investment of general legacy to be paid at future time Section Where a general legacy is given to be paid at a future time, the executor or executrix shall invest a sum sufficient to meet it in securities of the kind mentioned in section 298 . The intermediate interest shall form part of the residue of the estate of the testator or testatrix.
Section 299
§ 300Investment of funds to provide for legacies - Procedure when no fund charged with annuityProvision

If an annuity is given but no fund is charged with its payment or appropriated by the will, a Government annuity of the specified amount shall be purchased or, if unavailable, a sum sufficient to produce the annuity shall be invested in authorised securities.

Section Procedure when no fund charged with annuity Section Where an annuity is given, and no fund is charged with its payment or appropriated by the will to answer it, a Government annuity of the specified amount shall be purchased; or if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in such securities as are authorised by law.
Section 300
§ 301Investment of funds to provide for legacies - Transfer to residuary legatee of contingent bequestProvision

The executor or executrix may transfer the whole residue of the estate to the residuary legatee provided they give sufficient security for payment of the legacy if it becomes due.

Section Transfer to residuary legatee of contingent bequest Section Where a bequest is contingent, the executor or executrix is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee on his or her giving sufficient security for the payment of the legacy if it shall become due.
Section 301
§ 302Investment of funds to provide for legacies - Investment of residue bequeathed for lifeProvision

If residue of an estate is left to a person for life without directions to invest, any part not already invested in legally authorised securities at the testator's death must be converted to money and invested in those authorised securities.

Section Investment of residue bequeathed for life Section Where the testator or testatrix has bequeathed the residue of his or her estate to a person for life without any direction to invest it in any particular securities, so much of it as is not at the time of the death of the testator or testatrix invested in such securities as are authorised by law shall be converted into money, and invested in those securities.
Section 302
§ 303Investment of funds to provide for legacies - Investment in specified securities of residue bequeathed for lifeProvision

If the testator bequeaths the residue of their estate to a person for life with a direction that it be invested in specified securities, any part of the estate not already invested in those specified securities at the time of death must be converted into money and invested in those securities.

Section Investment in specified securities of residue bequeathed for life Section Where the testator or testatrix has bequeathed the residue of his or her estate to a person for life, with a direction that it shall be invested in certain specified securities, so much of the estate as is not at the time of his or her death invested in securities of the specified kind shall be converted into money and invested in those securities.
Section 303
§ 304Investment of funds to provide for legacies - Conversion and investmentProvision

The executor or executrix must carry out the conversion and investment at times and in the manner they in their discretion consider appropriate; until those actions are completed, the person entitled to the fund's income shall receive interest of four percent per year on the market value (computed at date of death) of the uninvested part.

Section Conversion and investment Section The conversion and investment contemplated by sections 302 and 303 shall be made at such times and in such manner as the executor or executrix in his or her discretion thinks fit; and, until the conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when so invested shall receive interest at the rate of four percent per year upon the market value, to be computed as at the date of the death of the testator or testatrix, of such part of the fund as has not yet been so invested.
Section 304
§ 305Investment of funds to provide for legacies - Procedure when minor entitled to immediate payment or possession of bequestProvision

If a legatee entitled to immediate payment or possession is a minor and the will contains no direction for payment on their behalf, the executor or administrator must pay or deliver the bequest into the High Court or to the Chief Magistrate or Magistrate to the legatee's account; that payment discharges the executor or administrator. The money, once paid in, may be invested as directed by the judge or Chief Magistrate or Magistrate.

Section Procedure when minor entitled to immediate payment or possession of bequest Section Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed but is a minor , and there is no direction in the will to pay it to any person on his or her behalf, the executor or executrix or administrator or administratrix shall pay or deliver it into the High Court or to the Chief Magistrate or the Magistrate, by whom the probate was, or letters of administration with the will annexed were, granted, to the account of the legatee, and that payment shall be a sufficient discharge for the money so paid. Such money, when paid in, may be invested as the judge or the Chief Magistrate or the Magistrate shall direct.
Section 305
§ 306Investment of funds to provide for legacies - Procedure in respect of share of minor in estate of deceasedProvision

When someone entitled to a deceased person's estate is a minor, the executor must give the minor's share to the guardian; the guardian must prudently manage and apply the property for the minor's benefit, safeguard it, make an annual account to specified persons, and (except where a court orders otherwise) transfer the property to the minor within six months of the minor turning eighteen; a guardian or other person may apply to court if they think the transferee is unfit.

Section Procedure in respect of share of minor in estate of deceased Section The guardian of the minor shall manage the property delivered to him or her under subsection (1) in a prudent manner and shall— Where a person entitled to a share under the will of the deceased or in the distribution of the estate of an intestate person is a minor , the executor or executrix or administrator or administratrix shall transfer and deliver the share of the minor to the guardian of the minor . apply the property for the benefit of the minor ; take steps to safeguard the property of the minor from loss or damage; and make an account for the property of the minor , every year to the surviving parent if any, court or any other person as court may direct. Except where there is an order of court to the contrary, the guardian shall within six months of the minor attaining the age of eighteen years, transfer all the property in his or her custody to the minor . Notwithstanding subsection (3) , a guardian or any other person who considers that a person to whom property is to be transferred under the subsection is not fit to administer his or her property, the guardian or such other person may apply to court to determine the suitability of the person to manage his or her property.
Section 306

Part XXXVIII

Produce and interest of legacies

§ 307Produce and interest of legacies - Legatee’s title to produce of specific legacyProvision

A legatee of a specific legacy is entitled to the clear produce of that legacy, if any, from the death of the testator or testatrix.

Section Legatee’s title to produce of specific legacy Section Subject to subsection (2) , the legatee of a specific legacy is entitled to the clear produce of it, if any, from the death of the testator or testatrix. A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator or testatrix and the vesting of the legacy, and that produce forms part of the residue of the estate of the testator or testatrix.
Section 307
§ 308Produce and interest of legacies - Residuary legatee’s title to produce of residuary fundProvision

The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the death of the testator or testatrix, subject to subsection (2); however income accruing between death and vesting (for contingent residuary bequests) does not form part of the legacy.

Section Residuary legatee’s title to produce of residuary fund Section Subject to subsection (2) , the legatee under a general residuary bequest is entitled to the produce of the residuary fund from the death of the testator or testatrix. A general residuary bequest, contingent in its terms, does not comprise the income which may accrue upon the fund bequeathed between the death of the testator or testatrix and the vesting of the legacy, and that income goes as undisposed of.
Section 308
§ 309Produce and interest of legacies - InterestProvision

If no time is fixed for paying a general legacy, interest runs from one year after the testator's death, subject to specified exceptions.

Section Interest Section Where no time has been fixed for the payment of a general legacy, interest begins to run from the expiration of one year from the death of the testator or testatrix; except that where— that legacy is bequeathed in satisfaction of a debt; the testator or testatrix was a parent or a more remote ancestor of the legatee of such legacy, or has put himself or herself in the place of a parent of such legatee; or a sum is bequeathed to a minor with a direction to pay for his or her maintenance out of it,
Section 309
§ 310Produce and interest of legacies - Interest when time fixed for paymentProvision

If a time is fixed for payment of a general legacy, interest runs from that fixed time and the interest up to that time forms part of the residuary estate; except that where the testator was a parent or put themselves in the place of a parent and the legatee is a minor, the legacy bears interest from the testator's death unless the will gives a specific sum for maintenance.

Section Interest when time fixed for payment Section Where a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed, and the interest up to that time forms part of the residue of the estate of the testator or testatrix; except that where the testator or testatrix was a parent or a more remote ancestor of the legatee, or has put himself or herself in the place of a parent of the legatee, and the legatee is a minor , the legacy shall bear interest from the death of the testator or testatrix, unless a specific sum is given by the will for maintenance.
Section 310
§ 311Produce and interest of legacies - Rate of interestProvision

The rate of interest is four percent per year.

Section Rate of interest Section The rate of interest shall be four percent per year.
Section 311
§ 312Produce and interest of legacies - No interest on arrears of annuity within first yearProvision

No interest is payable on arrears of an annuity within the first year from the death of the testator or testatrix.

Section No interest on arrears of annuity within first year Section No interest is payable on the arrears of an annuity within the first year from the death of the testator or testatrix, although a period earlier than the expiration of that year may have been fixed by the will for making the first payment of the annuity.
Section 312
§ 313Produce and interest of legacies - Interest on sum invested to produce annuityProvision

If a sum of money is directed to be invested to produce an annuity, interest is payable on that sum from the death of the testator or testatrix.

Section Interest on sum invested to produce annuity Section Where a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator or testatrix.
Section 313

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Administrator General’s Act

    Section 262

  • Estates (Small Estates) (Special Provisions) Act

    Sections 231, 273

N–S

1 instrument

  • Penal Code

    Section 233

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