FAQs

A will is a legal document that states what you want to happen to your estate upon your demise. It states who should inherit what and how.

A Testator is the owner of a valid will. 

For a Will to be valid, it has to meet certain conditions:

1. The Testator must be of age as approved by the relevant law.
2.  The Testator must have the required mental capacity to make a Will. This means that s/he  must understand their acts at the material time when they are giving out instructions and at the time of executing the Will. The Testator must understand the extent of the property they are disposing and they must also understand and know the beneficiaries and the manner the property is to be shared among those beneficiaries.
3. The Will must be in writing.
4. The Will must be executed voluntarily.
5. The witnesses must be present when the testator signs their Will.

When you die intestate, it means that you died without a valid Will.

If you die without a Will, you are deemed to have died intestate. This is what will happen:

• Any eligible beneficiary will apply to court for letters of administration of your Estate.
• Your Estate will be administered by the court appointed administrator in line with statutory succession laws.
• Pending issuance of the letters of administration there will be no oversight and management of your estate leaving room for loss, theft and unauthorized use of your assets. 
• Distribution to your surviving beneficiaries will be in accordance with the Succession Act Laws of Uganda Cap 69.
• Your unique wishes regarding your beneficiaries or your assets will not be considered.  
• In case you have minors, guardianship will be determined by the court.
• No one has full knowledge of the extent of your estate except you. There will be a risk that some assets will not be identified and distributed to your intended beneficiaries.
• You will not have the chance to bequeath assets to non-relatives or NGOs of your choice.
• If you have no relatives, your property will go to the state.

The administrator will then be given power to gather and administer the estate of the deceased after applying for letters of administration.

Assets that can be bequeathed include:

1. Real Estate, Land, and Buildings
2. Money including cash held in banks and e-wallet accounts.
3. Intangible assets, such as stocks, bonds, and other ownership rights, as well as intellectual property such as royalties, patents, and copyrights.
4. Physical chattels like cars, artwork, jewelry, and furniture, clothes, gadgets etc. Thus, all assets owned by the Testator can be bequeathed.

No. Electronic Wills are not provided for under current legislation in Uganda. At Greenthos Capital, we use technology to simplify the process of writing your Will. A physical copy of your completed Will document will be delivered to you for execution.