Frequently Asked Questions
What is a will ?
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.
Who is a Testator?
A Testator is the owner of a valid will.
What makes a valid will ?
For a Will to be valid, it has to meet certain conditions:
- The Testator must be of age as approved by the relevant law.
- 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.
- The Will must be in writing.
- The Will must be executed voluntarily.
- The witnesses must be present when the testator signs their Will.
Who is an administrator ?
An administrator is the person who administers a deceased person’s estate as granted by the court if the deceased dies intestate.
What does Intestate mean?
When you die intestate, it means that you died without a valid Will.
What happens if I die without making a 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.
Who is an Executor ?
An Executor is a person appointed by the Testator to gather, manage, and administer his/her Estate according to the Testator’s wishes as stipulated in the Will.
What assets can be bequeathed ?
Assets that can be bequeathed include:
- Real Estate, Land, and Buildings
- Money including cash held in banks and e-wallet accounts.
- Intangible assets, such as stocks, bonds, and other ownership rights, as well as intellectual property such as royalties, patents, and copyrights.
- Physical chattels like cars, artwork, jewelry, and furniture, clothes, gadgets etc. Thus, all assets owned by the Testator can be bequeathed.
Must I appoint an executor for my will ?
Appointment of an Executor of your Will is not compulsory. However, where an Executor is not appointed, the Court upon application by eligible persons appoints an Administrator to gather and administer your Estate in line with the dictates of the Will.
How will my beneficiaries know about the existence of my will ?
Through our services, we provide for a confidential contact with a next-of kin or close relative capable of confirming the existence of the Will in our custody.
Are Electronic Wills Valid?
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.
Can my will be contested in court ?
Your Will needs to be valid in order for it to stand under the courts of law.
Do you offer Will custody services ?
Yes, we offer Will custody services to our clients at a cost.
Do you offer executor services ?
Yes. You can elect to appoint Greenthos Capital as your executor through adopting our standard appointment clause in your Will document.
I am in the Diaspora. How Can I access your services?
We help Ugandans in the Diaspora to have valid Wills in place. Simply create an account and we shall serve you.