Death is an inevitable part of life, yet many people avoid planning for it. One of the most common legal disputes in Ugandan families arises from the distribution of a deceased person’s property—simply because no valid will was left behind.
At BORA ADVOCATES, we believe that securing your legacy shouldn’t be complicated. In this article, we break down the key principles governing wills in Uganda under the Succession Act Cap 268.
What Exactly is a Will?
In simple terms, a will is a legal document that states your wishes regarding the distribution of your property after your death.
- Testator – a male who writes a will.
- Testatrix – a female who writes a will.
- Executor (male) / Executrix (female) – the person appointed to manage your estate.
- Codicil – a supplement or addition to an existing will.
- Probate – the legal process of proving that a will is valid.
Requirements for a Valid Will in Uganda
To ensure your will is not easily contested in court, you must meet the following legal requirements:
- Sound mind – You must be mentally capable at the time of making the will.
- Age – You must be 18 years or older.
- Date – The will must bear the date it was made.
- No coercion or undue influence – The will must be made freely.
- Signatures – The testator/testatrix must sign on all pages.
- Witnesses – At least two witnesses must see you sign and must also sign the will.
- Beneficiaries as witnesses? – No. A beneficiary should not be a witness to avoid conflict of interest.
- Name an executor – Your will should clearly name who will manage your estate.
- Clear property description – Avoid confusion by properly describing your assets.
Why Should You Make a Will?
Many people ask us: Is a will really necessary? Here is why the answer is always yes:
What Happens If You Die Without a Will (Intestate Succession)?
If you die without a valid will, the law says you have died intestate. In that case:
- Your property automatically vests in the hands of the Administrator General.
- A court grants Letters of Administration to manage your estate.
- Your property is then distributed according to the Succession Act, not according to your wishes.
This process can be lengthy, expensive, and may lead to outcomes you would never have wanted.
What is Probate?
When a person dies testate (with a will), the named executors must petition the court for a grant of probate with the will annexed.
- Probate is the legal authority that allows executors to manage and distribute the deceased’s property.
- Difference: Probate is for those who left a will. Letters of administration are for those who died without a will.
- Validity: A grant of probate expires after 2 years and is subject to renewal.
Where Should You Keep Your Will?
Uganda has no official central registry for wills. However, you should keep your will in a safe place with people you trust. Common options include:
- A lawyer (recommended)
- A bank
- Trusted elders
- A close friend
Pro tip from BORA ADVOCATES: Always inform your executor where the will is kept.
Can You Change Your Will?
Yes. Through a document called a codicil, you can explain, alter, or add to your existing will. There is no limit to how many codicils you can make, as long as you remain of sound mind and follow the same signing and witnessing rules.
Final Thoughts from BORA ADVOCATES
A will is not just for the wealthy or elderly. Any adult of sound mind can—and should—make a will. It is one of the most powerful legal tools to protect your loved ones and ensure your final wishes are respected.
Do you need help drafting a will, updating an existing one, or applying for probate?
Contact BORA ADVOCATES today. We guide you through every step with clarity and care.
📞 Call us or visit our website to schedule a consultation.