Katembeko & Co. Advocates

The High Court of Uganda clarifies succession law concerning illiterate testators and the rights of widows who remarry. The High Court held that once the will was invalidated, the property formed part of the intestate estate, and the distribution had to follow the Succession Act. Specifically: Section 21 of the Act governs distribution of intestate estates. Section 22(1) entitles the surviving widow (Kyempaye Florence) and lineal descendants to occupy the principal residential holding. Section 22(3) provides that after the widow’s death, the residential holding devolves equally to the lineal descendants. The remarriage of Tumwebaze Perpetua (mother of some appellants) disqualified her from any interest under Section 22(1). Further, the High Court noted that ownership rights under intestate succession cannot... Read more lawpointuganda.com/post/high…