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CAN YOU PUT JOINT PROPERTY IN A WILL?

  Mr and Mrs Zzake have always believed in building family wealth together. They jointly own several pieces of land and even have a joint bank account. They decided to write a will so that their children are guided on how the estate should be handled when they die.   Mr Zzake said since most of their property is joint property, they cannot put it in the will. He said wills only allow property owned by one person.   WHAT DOES THE LAW SAY?   According to the law, jointly owned property like land is passed on to the surviving owner when the other owner dies. For example, if Mr Zzake dies first before Mrs Zzake, then the land they own together as joint tenants automatically becomes hers.   Therefore, if they write a joint will, it should be clearly stated that upon the death of one of them, the surviving spouse will take over all the property as theirs. This can also be mentioned if the two write individual wills.   However, in land law, there is a situation called tenancy in common. This

CAN YOU MAKE A WILL WHEN YOU ARE DRUNK?

  Bato fears death. Even when people start talking about death, he runs away from them. Recently, his wife told him that he should write a will so that their children are protected in case he dies. Bate immediately locked himself in his office and drunk 7 bottles of alcohol until he was drunk. His friends had told him that alcohol can give him courage. After he got drunk, he got a pen and started to write his will. He forgot some of his property and even some of his children’s names. Is this will valid?   WHAT DOES THE LAW SAY?   According to the Succession Act, a person is not allowed to make a will when their mind is in a state where they do not know what they are doing.   This state of mind could be brought about by illness or drunkenness.   If there is proof that at the time when the person was writing the will, they did not understand what they were doing, then that will is not valid. It is important to note that someone can be intoxicated (have drugs or alcohol in their body and

WHAT PROPERTY CAN BE GIVEN IN A WILL?

  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 ca

GETTING MARRIED ON SOMEONE’S BEHALF.

My wedding is in two weeks’ time, but a big opportunity to represent my company at the international level has come up. I have waited for this opportunity for a lifetime. I want to wed but I also don’t want to miss this opportunity in my career path. I have an identical twin sister and I want her to be the one walking down the aisle. My partner has agreed, and we are sure the priest won’t be able to notice. The plan is for us to link up with my husband at the honeymoon venue. However, we want to know if we are right under the law.   WHAT DOES THE LAW SAY? The law in Uganda allows people who are 18 years and above to marry. For a marriage to be valid, certain things are required by the law: The people intending to get married must have given their consent to the marriage, they must be 18 and above, and the marriage should be conducted before a person who is allowed to officiate marriages. It should also be conducted before a place licensed for marriage ceremonies. (If the place is no

WHAT DO YOU EXPECT TO GET FROM YOUR SPOUSE IN A WILL?

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 wi

WIFE INHERITANCE AND THE LAW.

It is 2024 but widow inheritance is still a thing in some parts of Uganda perpetrated by some cultures. There are some people who still think inheriting a widow is part of the property left behind by the late brother. Widow inheritance is prohibited by the law. It is a form of violation against women’s dignity, welfare, and interests. Marriage is a free choice that should be made by anyone who is 18 years and above without interference from anyone including culture, traditions, customs, or any laws. Any law, culture, custom or tradition that advocates for things that demean women like widow inheritance is prohibited by the law.  The parties to a marriage should enter it willingly. It is okay if a widow consents to a marriage proposal from a family member if her acceptance is not based on the expectations or force from anyone, culture, or tradition. This being Women’s Month, we continue to advocate for women’s dignity in social, political and economic spaces. We should value and respect

WHAT DO YOU EXPECT TO GET FROM YOUR PARENTS IN A WILL?

Babirye and Nakato are twins. Their parents are very rich and own many plots of land, farms, animals and cars. Last year, Babirye and Nakato’s parents promised that when they get older and pass away, they will leave everything to them. Babirye and Nakato are now wondering what their parents will leave for each of them.  WHAT DOES THE LAW SAY?   In Uganda, the Succession Act is the law that governs Wills and inheritance. Babirye and Nakato's rich and wealthy parents can use a valid Will to specify how they want to distribute their property among their children. This allows them to assign specific assets or divide their property among their children. However, the law allows the parents to decide how the property is to be allocated and distributed. This means that the parents have the freedom to choose how their property will be distributed to their children. This, therefore, means that even if they are twins, they may not get property in equal amounts. The parents can choose to give