Wakilii

In the matter of an Application to strike out the name of Safina Nasolo (deceased) in the Probate and or Letters of Administration (Miscellaneous Appl(2)

High Court · [2024] UGHC 300 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application to revoke probate granted to deceased executor and to issue fresh grant of probate
Decision
Fresh grant of probate issued to the applicant following revocation of the grant to the deceased executor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an executor dies, the grant of probate becomes inoperative under Section 234(2)(d) of the Succession Act and must be revoked before a fresh grant can issue. The court revoked the probate granted to the deceased executor and issued a fresh grant to the applicant, the biological son and heir of the testator, on finding him a fit and proper person supported by family consent.

Outcome

Fresh grant of probate issued to the applicant following revocation of the grant to the deceased executor

Facts

Yunusu Seruli Maziwa died in 1999. Safina Nasolo, his widow and executor, was granted probate vide Jinja High Court Probate Cause No. 004 of 1999. Safina Nasolo died on 21 April 2020, leaving the estate without administration. The applicant, Nsubuga Hassan, the biological son and heir of the deceased testator according to the will, became aware that estate property was being irregularly disposed of without consent of all beneficiaries. A family meeting held on 19 November 2023 resolved that the applicant should administer the estate. The applicant applied ex parte to revoke the grant to the deceased executor and to be granted fresh probate.

Issues

  1. Whether the grant of probate to the late Safina Nasolo had become inoperative by reason of her death and should be revoked.
  2. Whether the applicant was a fit and proper person to be granted fresh probate for the estate of the late Yunusu Seruli Maziwa.

Orders

  • The grant of probate to Safina Nasolo in respect of the estate of Late Yunusu Seruli Maziwa vide Jinja High Court Probate Cause No. 004 of 1999 is hereby revoked.
  • A fresh grant of probate in respect of the estate of the late Yunusu Seruli Maziwa is issued to the Applicant, Nsubuga Hassan (the biological son of the deceased).
  • Application allowed with no order as to costs.

Rules and key headnotes

Revocation of Grant — Death of Executor — Grant Becoming Inoperative
A grant of probate becomes inoperative under Section 234(2)(d) of the Succession Act when the sole executor dies, and the court must revoke that grant before issuing a fresh grant to another person.
Procedure for Fresh Grant — Revocation as Prerequisite
It is an abuse of court process for a party to apply for fresh Letters of Administration or probate before first revoking an earlier grant issued in respect of the same estate.
Grant of Fresh Probate — Fit and Proper Person
Under Section 234(5) of the Succession Act, the court may in the same process for revocation of a grant issue fresh letters of administration or probate to another person where the court determines that such person is fit and proper to be granted administration.

Legislation cited (7)

Cases cited (4)

Full judgment

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In the matter of an Application to strike out the name of Safina Nasolo (deceased) in the Probate and_or Letters of Administration (Miscellaneous Appl(2)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.