Milka’s mother died two years ago and she left for Milka and her sisters all the property that she owned. There were houses, two cars and about three pieces of land. Milka and her sister now want to transfer the property that their mother left for them into their names. However, their uncle Mujjawa told them that they have taken too long to ‘legally’ inherit the property into their names meaning that they do not want it and he is now the one entitled to take it.
WHAT DOES THE LAW SAY?
In Uganda, the law regarding the time limit for claiming inheritance may vary depending on several factors, including whether there was a Will or not. Although there is not a strict time when you are supposed to claim your inheritance, there are procedures and timeframes for executing the Will and transferring property to the beneficiaries.
If there was a Will, you will have to apply for probate. Probate is a legal process where the court verifies the will's legitimacy and oversees the assets' distribution according to its provisions. Probate has to be applied within one year.
However, if there is no Will, you would have to apply for letters of administration and the laws of intestate succession would apply. In Uganda, the Succession Act governs inheritance matters. Under this act, if someone dies without a will, the estate would be distributed according to specific rules, which may include provisions for spouses, children, and other relatives.
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Source: BarefootLawyers
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