In the matter of the Estate of the Late Ntafire Godfrey (Probate Cause No. 002 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
A caveat against a grant of probate lapses by operation of law under Section 252(3) of the Succession Act where the caveator fails to commence proceedings to prove objections within six months as required by Section 256(2). Applicants for probate should not be prejudiced by a lapsed caveat. The court revoked the lapsed caveat and granted probate for two years.
Outcome
Grant of probate issued to applicants for a period of two years
Facts
The deceased, Ntafire Godfrey, died leaving a will dated November 14, 2023, bequeathing property to his children and wives. Job Ampurira and Ronah Asiimwe applied for a grant of probate. One of the widows, Peace Turyashemererwa, lodged a caveat against the grant on February 14, 2024. The caveator did not commence proceedings to prove her objections within six months as required by the Succession Act. The applicants appeared before the court self-represented seeking the grant of probate.
Issues
- Whether the caveat lodged against the grant of probate had lapsed by operation of law.
- Whether the applicants were entitled to a grant of probate.
Orders
- The caveat against the grant is revoked.
- A grant of probate for a period of two years issues under Section 255(2) of the Succession Act.
- Applicants to file an initial inventory under Section 273(1) of the Succession Act, no later than six months from the date of the grant.
- No order is made as to costs.
Rules and key headnotes
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.