How to write a valid will in Uganda
In brief
A valid will in Uganda must be made by a person of sound mind who is not a minor (Succession Act, Cap. 268 (2023 Revision), s.29) and executed with formality: the testator signs or marks the will, and it is attested by two or more witnesses, each of whom saw the testator sign (or received an acknowledgment) and each of whom signs and writes their name and address on every page (s.47). The testator must make reasonable provision for a spouse, children, a lineal descendant with a disability and a dependent relative (s.30). A will is revocable while the maker is competent (s.37) and is automatically revoked by the maker's later marriage (s.53).
1. Governing law
Capacity comes first: every person of sound mind who is not a minor may dispose of property by will (s.29(1)); a person who ordinarily has a mental illness may make a will during a lucid interval (s.29(4)), but no one can make a will while in a state — from drink, illness or any cause — in which they do not know what they are doing (s.29(5)). The 2022 reforms make family provision mandatory: a testator must make reasonable provision for the maintenance of a spouse, a child, a lineal descendant suffering a mental or physical disability and a dependent relative, and the principal residential holding is specifically protected (s.30). Form follows: an unprivileged will must be signed by the testator (or marked, or signed by another in the testator's presence and by direction), the signature placed so as to give effect to the writing as a will, and attested by two or more witnesses who each saw the testator sign or acknowledged the signature, each witness signing and writing their name and address on every page; only one witness need be present at a time (s.47(1)). A page lacking a witness's name and address is void, though the rest of the will stands (s.47(2)). A will obtained by fraud, undue influence, duress, coercion, mistake or abuse of a position of trust is void (s.36). A will is revocable at any time the maker is competent (s.37); it is revoked by the maker's marriage (s.53), or by a later will or codicil, by writing declaring an intention to revoke executed like a will, or by burning, tearing or destroying it with intent (s.54); post-execution alterations are ineffective unless executed like the will (s.55). Members of the Defence Forces on active service and mariners at sea may make privileged wills, even orally (ss.49-50). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Succession Act, Cap. 268 (2023 Revision) — s.29 (capacity: sound mind and not a minor; lucid interval; no will while not knowing what one is doing); s.30 (mandatory reasonable provision for spouse, children, a disabled lineal descendant and a dependent relative; protection of the residential holding); s.36 (will obtained by fraud, undue influence, duress, coercion, mistake or abuse of trust is void); s.37 (revocable while competent); s.47 (execution of unprivileged wills: testator's signature/mark; two or more witnesses; each witness signs and writes name and address on every page); s.48 (incorporation by reference); ss.49-50 (privileged wills); s.53 (revocation by marriage); s.54 (modes of revocation); s.55 (alterations after execution).
3. Practical guidance
Confirm capacity: the maker must be of sound mind and not a minor, and must understand what they are doing at the time (s.29).
Make reasonable provision for those the Act protects — spouse, children, a lineal descendant with a disability and a dependent relative — and deal carefully with the family residence (s.30).
Write the will clearly, appoint an executor, and identify the property and beneficiaries; consider a residue clause so nothing is left undisposed.
Sign every page in the presence of two or more witnesses; have each witness sign and write their name and address on every page (s.47) — use independent adult witnesses who take no benefit under the will.
Keep the will safe and tell the executor where it is; review it after major life events, remembering that marriage automatically revokes an existing will (s.53).
To change a will, make a fresh will or a properly executed codicil — do not write on the existing will, because unattested alterations are ineffective (s.55).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.