19/09/2023
From the Uganda Law Reform Centre User guide to Succession, this explains what a Will is, how to write a Will, who can make a will, compulsory requirement for a will, what property can be distributed in a will , and how to keep it for safe custody.
What is a will?
A will is a document that provides for the wishes of a person upon his or her death.
These wishes may include:
a) How to distribute his or her property.
b) How to manage the children and other dependent
relatives.
c) Who will manage property.
d) How the deceased debts will be managed.
e) Who shall be the customary heir, where applicable.
f) Burial related issues.
g) Who the executors will be.
Who can make a will?
Any person of sound mind who is aged eighteen years and above.
What are the compulsory requirements of a valid will?
For a will to be considered valid, it should meet the following requirements:
a) A will must be in writing.
b) The person making a will should be at least eighteen years of age.
c) The person should be of sound mind.
d) The person making a will should not be under the control or influence or control of any person who takes away their decision-making power.
e) The person making a will should provide for an executor or executors, executrix or executrices who will carry out his wishes as mentioned in the will.
f) The person should mention all his or her children.
g) The written will should be signed by both the owner of the will and his or her witnesses on each page.
Note
a) A person who has a hearing impairment, physical impairment, speech impairment or visual impairment is capable of making a will if he or she is able to do so.
b) A person who ordinarily has a mental illness may make a will during an interval in which he or she does not have the mental illness.
At least two people should sign as witnesses in the presence of the owner of the will.
The witnesses must be eighteen years or above and of sound mind.
Each witness must sign and write their name and address on each page of the will.
What property can be distributed in a will?
All property owned by a deceased person can be distributed except the residential home or homes.
What are examples of property that can be distributed in a will?
Some of the examples of property that can be distributed in a will include: land, any buildings on the land, money, vehicles, household belongings, farms, shares and investments.
