Our Personal & Family department works closely with our Dispute Resolution department to bring expert knowledge in the highly specialised field of inheritance disputes.
How we can help you:
Our aim is to offer an effective, discreet and cost effective solution to all clients in respect of what is an extremely sensitive issue for them.
- Disputed Wills based on allegations of mental capacity, undue influence or fraud
- Disputes involving Executors or Trustees
- Disputed Powers of Attorney
Contesting a Will
Ugandan law allows an individual to leave their estate to whoever they wish. However, the law also provides that a variety of people may claim financial provision from the estate if the deceased had not made a reasonable financial provision for them.
A person is entitled to make a claim if they fall within a specific list of entitled people who may include:
- The wife, husband of the deceased
- A child of the deceased including an adopted child or a child treated by the deceased as a child of the family
- Any other person who immediately before the death of the deceased was being maintained wholly or partly by the deceased
Contesting a Will or claiming against an estate can often be difficult as the person bringing the claim needs to show that they were someone for whom the deceased should have made reasonable provision in his/her Will and has not. The onus is on the person bringing the claim to show that they were dependent on the deceased and that the provision that has been made was not reasonable.
When assessing whether the financial provision that has been made is reasonable or where no provision has been made what would have been reasonable financial provision the Court must take into account various statutory factors including:-
- The financial resources and needs which the person who is bringing the claim has or is likely to have in the future
- The financial resources and financial needs which any other potential claimant has or is likely to have in the future
- The financial resources and needs which any named beneficiary of the estate has or is likely to have in the future
Obligations and responsibilities which the deceased had towards the person bringing the claim for provision or towards any beneficiaries named in the estate
- The size and nature of the estate
- Any physical or mental disability of the person bringing the claim or any beneficiary of the estate
The Court under the provisions of the Act can make a variety of Orders including a lump sum order, an order transferring property or an order making regular payments from the estate.
Strict time limits apply to contesting a Will and bringing a claim under the Act.
Would you like to know more ? come in and see one of our family law specialists
Occasionally, contesting a Will may arise for reasons other than lack of reasonable financial provision and these include:-
- The Will was not properly executed
- The person making the Will did not have the required mental capacity to make the Will
- The person making the Will did not have the necessary capacity to have knowledge of and approve the contents of the Will
- The person making the Will was subjected to undue influence or duress
Contesting if a Will is valid is not easy and again the onus is on the person bringing the claim to prove the facts being alleged. Careful consideration needs to be given before any claim is brought.