In the Matter of An Application for letters of Administration By Ntawuruhunga Grasiano (Son ) of late Bunyoni Peter (Deceased) (Administration Cause N(2)
Observed later treatment
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Holding
The High Court granted letters of administration to the son of the deceased who died intestate in 2003. The grant was made under Section 256(4) of the Succession Act where pension, death benefits and gratuity from the deceased's military service in the Second World War constitute the sole assets of the estate. UPDF had demanded letters of administration before releasing the benefits.
Outcome
Letters of administration granted to the applicant
Facts
The deceased, Bunyoni Peter, formerly of Kiriba Cell, Kisoro District, died intestate in 2003. He left behind a widow and two adult children. The applicant, Ntawuruhunga Grasiano, is the son of the deceased. The deceased served in the Second World War with UPDF service number UML 8973. The family is eligible for military service benefits including pension, death benefits and gratuity. UPDF demanded that the family obtain letters of administration in accordance with the law before releasing the benefits. The widow and the second child are elderly and could not access the Judge's chambers. The sole assets in the estate are the pension, death benefits and gratuity from military service.
Issues
- Whether the applicant is entitled to a grant of letters of administration in respect of the estate of the deceased who died intestate in 2003.
Orders
- A grant of letters of administration is made subject to Section 256(4) of the Succession Act, as pension, death benefits and gratuity are the sole asset in the estate.
- No order as to costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
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