In the matter of an application by Tindyebwa Justus Mureefu and Mureefu Benon to extend the validity of the Letters of Probate of the Estate of the Late Margaret Koyenda Mureefu (Miscellaneous Application 412 of 2025) [
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Holding
The High Court extended the validity of Letters of Probate for one year where the executors proved compliance with appointment requirements, obtained beneficiary consent, and demonstrated that the estate had been distributed to beneficiaries at a family meeting. The court found the conditions under Section 255(3) of the Succession Act satisfied, granting leave to file an inventory within the extended period.
Outcome
Letters of Probate extended for one year with directive to file inventory and full account
Facts
The applicants were granted Letters of Probate to administer the estate of the late Margaret Koyenda Mureefu on 12th July 2018. They failed to file an inventory within the prescribed period because one administrator who lived abroad was gravely ill. On 12th February 2023, the administrators held a family meeting and distributed the estate land to beneficiaries. The applicants obtained consent from the beneficiaries to apply for extension of the Letters of Probate and sought leave to file an inventory.
Issues
- Whether the applicants satisfied the conditions under Section 255(3) of the Succession Act for extension of the Letters of Probate.
- Whether the beneficiaries consented to the extension of the Letters of Probate.
- Whether it is in the best interest of the beneficiaries to extend the period.
Orders
- Application allowed.
- The Letters of Probate of the estate of the late Margaret Koyenda Mureefu granted to Tindyebwa Justus Mureefu and Mureefu Benon vide Mbarara High Court Administration Cause HCT-05-CV-AC-47 of 2018 are extended for a further period of one year from 17th September 2025.
- The executors of the estate of the late Margaret Koyenda Mureefu shall file an inventory and full account in court within one year from 17th September 2025.
Rules and key headnotes
Legislation cited (10)
- Judicature Act Cap 16 s.37
- Succession Act Cap 268 s.255(2)
- Succession Act Cap 268 s.255(3)
- Succession Act Cap 268 s.337
- Succession Act Cap 268 s.337(2)
- Civil Procedure Act Cap 282 s.98
- Civil Procedure Rules SI 71-1 Order 52 Rule 1
- Civil Procedure Rules SI 71-1 Order 52 Rule 2
- Civil Procedure Rules SI 71-1 Order 52 Rule 3
- Interpretation Act Cap 2 s.34(3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.