Matia is a troublesome old man! Everyone knows that even if he is the elder of his clan, he is difficult. Recently, one of the sons in the family died and when his will was read, it showed that his daughter Amiina was to be the next heir. On hearing this Matia grabbed the will from the lawyers' hand and tore it into pieces. He said as the clan elder he would not allow a woman to be an heir. Amiina wants to know if Matia has the power to stop her from being the heir to her father’s property.
WHAT DOES THE LAW SAY?
The Courts and the laws of Uganda have been very clear that women can be heirs. According to the law, an heir can be either male or female. This is because the law recognizes all people as equal, therefore they have equal rights even in succession law.
For example, if a person dies without a will, the law will give an equal percentage to all the children of the deceased whether male or female. This means that even the public should note that both men and women have the same rights to inherit property or become an heir.
If a tradition says a woman cannot be an heir, that tradition is considered null and void (of no effect) because it goes against the provisions of the Constitution on non-discrimination.
However, the law allows people that are not content with the validity of a will to go to court and have the court decide its validity. Therefore, if Matia thinks the will is not valid, he can contest it in court. Until the court makes a contrary decision, Amina can be the heir to her father’s estate.
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Source: BarefootLawyers
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