Mulumba and Nasozi have been married for the last fifteen years. Over the years, they started a hardware company and have become very rich. Two months ago, Mulumba fell ill and was admitted to the hospital. Mulumba thinks that he may be passing away soon and told Nasozi that he will be leaving some of his property to her but some will be left to the mother of his other children, Nandi, that Nasozi did not know about. Now Nasozi is wondering what Mulumba will leave in his Will for her.
WHAT DOES THE LAW SAY?
In Uganda, the law regarding wills and inheritance allows people to distribute their property in any way they want after their death. Therefore, Mulumba, being married to Nasozi, has the option to leave part or all of his property to her in his will.
However, because Mulumba and Nasozi acquired their property together during their marriage, it's considered matrimonial property. This means that Mulumba can't decide on his own to give it to someone else, like Nandi, in his will. Matrimonial property includes assets obtained jointly during marriage and usually requires both spouses' consent for any distribution. The survivorship principle applies to jointly owned property, such as their marital home, where if one spouse dies, the property automatically goes to the surviving spouse, regardless of the deceased's will. This means that Mulumba cannot give the property he acquired with Nasozi to Nandi.
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Source: BarefootLawyers
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