Inheritance is a process involving the events that occur following the death of an individual, mostly the head of the family. When an individual passes away, he or she typically leaves behind physical or monetary belongings, or assets especially Land
In other words, inheritance is a process which involves the passing on of material property from one generation to another, usually within the family, generally from parents/ grandparents to their adult children (heirs).
The most basic types of inheritance are property inheritance, monetary inheritance, the inheritance of goods, or debt inheritance but property inheritance especially Land is what is common in our communities across the county, Uganda.
What is a Will?
A will is a written document made while a person is alive in which he or she gives instructions as to how his/her property and other affairs should be taken care of after death.
Sometimes a person will make an oral will by saying how he/she wants to have her/his affairs and property handled by stating these wishes out loud in front of witnesses. An oral will may not be accepted as valid in every circumstance. Witnesses may not remember clearly or may disagree with each other.
Written wills are the most respected because the person can make her/his wishes known and record them so they cannot be disputed.
In Uganda, when someone dies, issues of inheritance and succession arise. The distribution of the deceased person’s property may either be according to the deceased person’s will (testate succession), or according to a prescribed set of laws for property division if the person died without leaving a will (intestate succession).
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Who qualifies to make a Will?
Every person, male or female, who is above 18 years of sound mind, qualifies to make a will. A person making a will must do so voluntarily and must be fully aware of what he/she is doing.
According to the laws, people who are drunk or ill or otherwise not acting of their free will cannot make wills. People with mental health problems can also make wills during periods where they are lucid and understand what they are doing.
Rules for Making a Valid Will
- A will must be in writing and signed or marked by the person whose will it is. This person is called the testator. If the testator is unable to sign or mark, then he/she can direct someone else to sign on his/her behalf in the testator’s presence
- The testator MUST sign or mark his/her will in the presence of two or more witnesses.
- Both witnesses must be adults at least older than 18 years and of sound mind.
- The witnesses should not be beneficiaries of the will i.e., people who will get something from will
- The two witnesses must both be present when the testator signs the will.
- The two witnesses must see the testator sign the will.
- If the will is more than one page, the testator sign each page to guard against forgery.
- The will must be dated to ensure its validity.
Changing or Canceling a Will
A will may be changed or canceled by the testator at any time before his or her death. The original will must be burnt, torn, or otherwise destroyed by the testator or some other person acting on the testator’s orders. If there are significant changes in the testator’s life, for example marriage, divorce, death of a partner, or a new child, it is advisable to make a new Will.
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Distribution of Property in Intestate Succession (Where there is no Will).
Wills are useful documents for determining inheritance, but many individuals die intestate, or without having drafted a will. In this case, the laws describe which persons may receive how much property. The law only allows for the following persons to receive property as beneficiaries:
- Husband or wife/wives: There must be a legally recognized marriage at the time of death. The husband and wife must have been living together for at least six months before the death. If there is more than one legal wife, the wives equally share the portion the law allocates to the spouse.
- Children of the deceased: Male AND female children born during marriage or outside marriage as well as any adopted children
- Dependent relatives: Relatives who are completely or substantially dependent on the deceased.
- Customary heir: A person recognized by the customs of the tribe or community as being the deceased’s customary heir. The customary heir may be male or female.
- Legal heir: This is the deceased’s nearest living relative and takes the place of a customary heir if there is none.