How to apply for probate of a will in Uganda

1. At a glance

It is written to be read end to end by a practitioner or law student and to serve as a working reference for the advocate acting for an executor. It concerns testate estates — where there is a valid will. Where there is no will, the route is letters of administration and the Intestate succession in Uganda after the 2022 amendment govern distribution; where a valid will exists but names no executor who can act, the route is letters of administration with the will annexed. Every reference is to the 2023 Revised Edition of the Laws of Uganda.

2. What probate is, and when you need it

A will does not administer itself. Probate is the process by which the court proves the will and formally clothes the executor with authority to collect the assets, pay the debts and distribute the estate according to the will. Banks, the land registry and other third parties look for the sealed grant before they will deal with the executor; the will alone does not confer that authority in the eyes of those who hold the deceased’s assets.

You need probate where there is a valid will that appoints an executor who is willing and able to act. Three neighbouring situations take a different route, and choosing the wrong one wastes time and fees:

• There is no valid will — apply for letters of administration; the estate is distributed under the intestacy rules.
• There is a valid will but it names no executor, or the named executor has died, renounced or is unable to act — apply for letters of administration with the will annexed.
• The will’s validity itself is disputed — the matter becomes contentious probate and is litigated before any grant issues.

3. The statutory framework

Probate is governed by the Succession Act, Cap. 268 (2023 Revision): probate is available only to an executor appointed by the will (s.178), the appointment being express or by necessary implication (s.179); it may not be granted to a minor or a person of unsound mind and the court has a fit-and-proper discretion (s.180); the petition’s form and contents are prescribed (s.240), it must be verified (s.243) and, for probate, also verified by a witness to the will where procurable (s.244); caveats are provided for (ss.249–252); and the grant issues under seal, with the inventory and account duties and the two-year validity (s.255). The Administrator General’s Act, Cap. 264 exempts an executor from the clearance other applicants need (s.5(1)), and the Limitation Act, Cap. 290 supplies the period for claims to the estate.

4. Who may apply

Probate may be granted only to an executor appointed by the will. The appointment may be express (the will names the executor) or arise by necessary implication from the will’s terms — an executor ‘according to the tenor’ of the will (ss.178–179). It cannot be granted to a minor or to a person of unsound mind, and the court retains a discretion to refuse or defer a grant where the applicant is not a fit and proper person to hold it (s.180).

Where a will appoints several executors, one or more may take the grant, with power reserved to the others to come in later; the precise mechanics of reserving power and of a later grant should be handled under the rules of the court in which the application is made.

5. When the executor cannot or will not act

Appointment as executor is not compulsory. A named executor may renounce, may have predeceased the testator, or may be unable to act. Where that leaves the will with no executor who can take the grant, the estate is administered not by probate but by letters of administration with the will annexed, granted to the person entitled under the rules — typically a principal beneficiary. The formal steps for renunciation and the order of priority for a grant with the will annexed should be confirmed against the current Act and rules for the particular estate.

6. Proving the will

Probate proves that the annexed document is the testator’s last will and was duly executed. Due execution — that the testator signed (or acknowledged their signature) and that the will was attested by the required witnesses — is the substance the court must be satisfied of, which is why the verification of an attesting witness matters so much (see below). Where the regularity of execution is in doubt, or a witness cannot be found, the position must be explained to the court on evidence rather than glossed over. The formal requirements for a valid will are dealt with in the note on How to write a valid will in Uganda.

7. The petition and its contents

The application is by petition, distinctly written in English with the will annexed, stating the prescribed particulars (s.240): the time of the testator’s death; that the annexed writing is the testator’s last will and was duly executed; the assets likely to come to the petitioner’s hands and their probable value; and that the petitioner is the executor named in the will. Precision matters — the petition is the sworn basis on which the court acts, and a material misstatement can later ground revocation.

8. Verification, including by a witness to the will

The petition must be subscribed by the petitioner (and any advocate) and verified (s.243). Probate carries an additional requirement that administration does not: the petition must also be verified by at least one of the witnesses to the will, where such a witness is procurable (s.244). This is the practical link between the paperwork and the proof of due execution — the attesting witness confirms the will was signed and witnessed as the law requires. Locate an attesting witness early; where none can be found, explain the position to the court on affidavit rather than ignore the requirement.

9. No Administrator General clearance needed

Unlike an ordinary applicant for letters of administration, an executor named in the will is exempt from the Administrator General notice requirement (Administrator General’s Act, Cap. 264, s.5(1)). The executor’s authority comes from the testator’s appointment, confirmed by the court, not from the Administrator General — so the certificate of no objection that an administrator needs is not part of a straightforward probate application.

10. Which court hears the application

The court is chosen by the value of the estate and the deceased’s fixed place of abode: smaller estates go to the magistracy under the Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 156, and larger estates to the High Court (Family Division). The exact currency-point thresholds should be confirmed against the current Act before filing, and the estate valued honestly — an understated value can see the grant revoked for want of jurisdiction.

11. Caveats and contentious probate

Anyone wishing to contest the will or otherwise oppose the grant may lodge a caveat before probate issues (ss.249–252). A caveat pauses the application; the caveator must be served and the contest resolved before a grant can issue. This is the gateway to contentious probate — a challenge to the will’s validity (for example on want of due execution, lack of testamentary capacity, or undue influence) or to the executor’s fitness. Check the registry for a caveat and be ready to respond to one.

12. The grant, its seal and its two-year life

On being satisfied, the judge, Chief Magistrate or Magistrate grants probate under the seal of the court (s.255). The grant recites the executor’s undertakings: to exhibit a full inventory of the estate within six months and to render an account of the administration within one year. Since the 2022 reforms the grant is valid for a maximum of two years and is extendable by the court (s.255(2)–(3)) — administration is no longer open-ended, and an extension must be sought before the grant lapses if the estate is not fully wound up.

13. The executor’s powers and duties

With probate granted, the executor’s office is to give effect to the will. The core duties are to collect and get in the estate, to pay the deceased’s debts, funeral and administration expenses and any tax, and then to distribute the remainder to the beneficiaries in accordance with the will. Specific gifts are assented to and transferred; a gift of registered land is completed by dealing with the land registry on the strength of the grant. Throughout, the executor owes fiduciary duties to the beneficiaries — to act with due care, to keep the estate’s property separate, and to account. The precise mechanics of assent to a gift of land should be handled under the registration law for the tenure in question.

14. After the grant: duties and deadlines

The inventory (within six months) and the account (within one year) are not optional courtesies; they are the terms on which the grant is held, and failure to meet them is a ground on which a grant can be disturbed. Diarise those two dates and the grant’s two-year expiry the moment probate issues, and apply to extend the grant in good time if the administration will run beyond two years.

15. Revocation of a grant

A grant of probate is not unassailable. It can be revoked — for example where it was obtained by a material misstatement or concealment in the petition, where the will later proves invalid or a later will emerges, or where the executor fails in the duties on which the grant was made (such as the inventory and account). The grounds and procedure for revocation should be confirmed against the current Act; the practical point is that accuracy in the petition and diligence after the grant are what keep a grant secure.

16. Limitation

17. Consequences of getting it wrong

Applying for probate when you are not the named executor, or without the original will or the required witness verification, will see the application rejected or delayed. Letting the two-year grant lapse leaves the executor acting without authority. A material misstatement in the petition, or a failure in the inventory and account duties, exposes the grant to revocation and the executor to removal and personal liability. Distributing before debts are provided for can leave the executor answerable to unpaid creditors.

18. Practical guidance and drafting tips

19. Common pitfalls

• A person who is not the named executor applying for probate instead of letters of administration with the will annexed (s.178).
• Filing without the original will or without verification by an attesting witness where one can be found (s.244).
• Missing the inventory (six months) and account (one year) duties recited in the grant (s.255).
• Letting the two-year grant lapse without applying to extend (s.255(2)–(3)).
• Overlooking a caveat lodged by someone contesting the will (ss.249–252).
• Distributing to beneficiaries before the debts, expenses and tax are met.

20. Grey areas and points to confirm

Confirm these against the current Act, rules and facts rather than assuming: the exact currency-point thresholds that allocate probate jurisdiction between the magistracy and the High Court; the formal steps for renunciation of executorship and for a grant with the will annexed; the grounds and procedure for revoking a grant; the mechanics of an executor’s assent to a gift of registered land; and the tax treatment of the estate and of transfers to beneficiaries.

21. Practitioner checklist

• Confirm there is a valid will that appoints an executor who can act (else the route is administration, with the will annexed where appropriate).
• Confirm the applicant is the named executor and is eligible (not a minor or of unsound mind; fit and proper).
• Secure the original will and identify an attesting witness for the s.244 verification.
• Draft the petition in English with the will annexed and the s.240 particulars; subscribe and verify it.
• Value the estate and select the correct court; check the registry for any caveat.
• On the grant, give the s.255 undertakings; diarise the inventory (6 months), account (1 year) and two-year expiry.
• Collect the estate, pay debts, expenses and tax, then distribute per the will; note the 12-year limitation for estate claims.

22. Sources and further verification

• Succession Act, Cap. 268 (2023 Revision) — ss.178, 179, 180, 240, 243, 244, 249–252, 255.
• Administrator General’s Act, Cap. 264 (2023 Revision) — s.5(1) (executor exempt from the Administrator General notice).
• Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 156 — court value thresholds.
• Limitation Act, Cap. 290, s.20 — twelve years for a claim to the personal estate of a deceased person.
• Court value thresholds, renunciation and grant-with-will-annexed procedure, revocation grounds, assent to gifts of land, and tax treatment: confirm against the current Act and rules before relying on them in a live matter.