Naki and Sebi had been friends for a very long time. When Sebi was buying land, he even called Naki to be the witness to the land sale agreement. She signed the documents and witnessed the sale. Two years later, as Naki was writing her will, she told the lawyer to add that land she had witnessed. She said it counted as her property because she put her signature on the documents. Her lawyer refused to do it and said he cannot put property that does not belong to her. Now Naki is confused because she believes the property belongs to her.
WHAT DOES THE LAW SAY?
According to the Succession Act of Uganda, a person writing a will is only allowed to give property that they own.This means there must be proof to show that you own the property you are giving away in your will.Naki in our example was only a witness not an owner so she cannot put that land in her will as hers.
If one wants to give away land, they should have the land title in their name that proves ownership. If it is a car, one must have the logbook in their name. If it is a bank account, the bank details must be in their name. This is because according to the law, one cannot give away something that does not belong to them.
In the same way, one is not allowed to give away in their will property they have been given to keep on behalf of another. This includes property of a deceased who made one an administrator because that property does not belong to the administrator.
It is therefore important to make sure that you only give away property that you own, and you have proof of ownership in a will.
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Source: BarefootLawyers
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