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DISCLAIMER
This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.
THE SUPREME COURT HAS REAFFIRMED THE PRINCIPLE THAT A TESTATOR'S EXPRESS WISHES, AS OUTLINED IN A VALID WILL, TAKE PRECEDENCE OVER GENERAL LEGAL PRINCIPLES GOVERNING EXECUTOR'S AUTHORITY.
When a will contains specific directives on decision-making processes, those directives override the default requirement for joint executor
Waboga David
Mar 273 min read
265
HIGH COURT AFFIRMS THAT TESTAMENTARY FREEDOM ALLOWS A TESTATOR TO DICTATE PROPERTY DISTRIBUTION. HOWEVER, FAMILY AGREEMENTS MODIFYING ESTATE DISTRIBUTION CAN BE BINDING IF ALL BENEFICIARIES CONSENT.
Where an Administrator receives a larger share due to external factors, redistribution may be warranted to ensure fairness among beneficiar
Waboga David
Mar 275 min read
88
HIGH COURT CLARIFIES THE REVOCATION AND APPOINTMENT OF A NEUTRAL ADMINISTRATOR WHERE PARTIES FAIL TO AGREE—LAWYERS WHO REPRESENTED THE PARTIES SHOULD BE PAID FROM THE ESTATE'S INCOME.
Upon revocation of probate or letters of administration, High Court has the authority to appoint a new administrator deemed fit and proper
Waboga David
Feb 224 min read
62
The Supreme Court of Kenya Clarifies Presumption of Marriage Doctrine
An increasing number of adults choose to cohabit without intending to marry. Courts must respect these choices and refrain from imposing
Lawpointuganda
Feb 142 min read
72
CASE BRIEF: High Court Affirms That Joint Registration of Property Signifies the Parties' Mutual Intent to Co-Own.
The default principle for distributing matrimonial assets is equal sharing, unless there are valid reasons to depart from this standard, suc
Waboga David
Dec 29, 20244 min read
105
High Court Affirms that a Market Stall Can Qualify as Matrimonial Property: A Case Analysis on Spousal Consent, Contribution, and Ordinary Residence
A person absenting himself or herself temporarily from his or her place of ordinary residence cannot by reason thereof cease to be ordinaril
Lawpointuganda
Dec 10, 20247 min read
70
Can a Beneficiary Sell a Deceased's Estate Without Letters of Administration? A Case Analysis of Muyingo & 3 Ors v Kakembo
The general position of the law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise
Lawpointuganda
Jul 7, 20243 min read
339
High Court Affirms The Law on Abuse of Court Process: Wamboya & 2 Others v Wamboya (Miscellaneous Application 227 of 2023)
The litigants in this matter have so far filed several petitions and applications which in effect arise out of the same subject matter, ye
Lawpointuganda
Jul 6, 20242 min read
67
Mpumwire Magambo v Amanda Magambo: Court Orders Exhumation for DNA Paternity Testing as Last Resort
First it is presumed that a decently buried body should remain undisturbed where it was placed unless good reason is given to exhume it
Lawpointuganda
Jun 20, 20245 min read
236
A Concise Guide to the Law Relating to Persons of Unsound Mind or Mental Illness and The Estate of A Missing Person in Uganda.
A person is deemed to be of unsound mind for purposes of these proceedings if he or she is afflicted by a total or partial defect of reason
Lawpointuganda
Jun 10, 202412 min read
39
Annette Yosia & 4 Others vs Ambassador Idule Amoko & The Attorney General: HCMC No. 41 of 2023 - A Legal Analysis of Burial Rights in Uganda.
Where the wishes of the deceased can be ascertainable they should be given effect as long as they are not illegal, unreasonable or repugnant
Waboga David
May 10, 202415 min read
102
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