A Critical Assessment of the Effectiveness of Law of Intestate Succession in Masaka District of Uganda

Nassanga Yvonne

School of Law Kampala International University, Uganda

ABSTRACT

This study critically assessed the law of intestate succession in Masaka district of Uganda, with the aim of inspiring Ugandan authorities to create a special legal structure to govern the law of intestate succession. The study secondarily sourced its data from textbooks, journals, online blogs and statutory books. At the end, calls for the law to specify the maximum number of executors for a given portion of the deceased’s assets. Additionally, the legislative revision should empower the High Court to replace an incompetent executor with an administrator. Retraction of a probate renunciation for particular circumstances should be considered in the legislative amendment. The legislation should be amended to allow rapid remedy if a beneficiary or other interested party proves the grantee breached duty, was fraudulent, or inefficient in estate management. The legislative modification should shield the estate from distribution before letters of administration and probate. Amendments to the statute should expand the avenues for grant revocation, such as application by an interested party and Administrator General Intervention. The government and civil society should develop initiatives to strengthen the administrative system for managing the estates of deceased individuals. Finally, law penalties should be modified to reflect contemporary socio-economic situations and reflect a punitive posture.

Keywords: Assessment, Intestate, Succession law, Testate, Will.

CITE AS: Nassanga Yvonne   (2024). A Critical Assessment of the Effectiveness of Law of Intestate Succession in Masaka District of Uganda. NEWPORT INTERNATIONAL JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES, 4(3):94-98. https://doi.org/10.59298/NIJCRHSS/2024/4.3.9498