Namutebi recently found out that her husband had another woman called Nancy. In fact, Nancy is in the university, and she is now pregnant. When Namutebi found out about Nancy she became very ill. She was stressed and her blood pressure rose so highly that she had to be admitted in the hospital. When she came out of hospital, she decided to write her Will where she wrote that her husband should not marry Nancy or any other person if she dies and if he goes ahead to marry, he should not inherit any of her property.
WHAT DOES THE LAW SAY?
In Uganda, the law states that any person who is 18 years of age and above, can write a Will stating how they would want their property to be distributed when they pass away. However, there are laws that govern writing Wills, and you should not use your Will to infringe or limit another person’s right. The Constitution in Uganda provides that every person has the right to marry and form a family if they are eighteen years of age and above.
This therefore means that although Namutebi has the right to outline her wishes in her will, attempting to prevent her husband from remarrying or imposing conditions on his inheritance based on him getting married again is not legally enforceable. This is because the law allows people to marry and remarry freely, and attempting to refuse people to do this through a Will is illegal.
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Source: BarefootLawyers
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