TESTATE AND INTESTATE SUCCESSION.

Testate succession occurs when a person dies and leaves a valid will. Intestate succession occurs when a person dies without a will.

A will is a written legal document that states what property you own and how you would like it to be divided after your death. A will also states who should be in charge of dividing the property. A will has no effect until the testator (the one who has written it) dies.

To make a will one must be at least 21 years of age. The exception to this is soldiers who are on active duty and sailors who are at sea at the time they wish to make a will. In this situation the lower age limit is eighteen years. One must also be of sound mind in order to make a will.

So it is clear that for a will to be valid one must be of legal age, have the ability (be of sound mind). The will must state the property of the testator, the intended beneficiaries (spouse, children, friends, parents, dependants e.t.c) and must be signed by at least two attesting witnesses in the presence of the testator.

Where a person dies without leaving a valid will. The succession act provides a mode of distribution to be followed if a person dies without making a will (section 24 and 25 of the succession act)

The legal effects of intestate succession are;

·        All property that person owned at the time of his or her death becomes part of the estate.

·        The estate is kept in trust by the personal representative of the deceased duly appointed by the court.

·        Only a few recognized categories of people can inherit the property (spouse, children and other dependent relatives)

·        In order to manage the estate, one has to apply to court for Letters Of Administration

Note: for one to qualify as a spouse to the deceased, one must have been married to him or her in one of the five marriages recognized in Uganda (church marriage, civil marriage, Islamic marriage, traditional marriage and hindu marriage). If one was not married under any of the marriages recognized he or she is not a legitimate spouse and will not take a share of the deceased’s belongings if the deceased died without a valid will.