Wakilii

Namugalu Sarah v Estate of Late Mukasa Samuyili (Miscellaneous Application 458 of 2025)

High Court · [2026] UGHC 243 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for grant of probate arising from administration cause
Decision
Grant of probate issued to the applicant to administer the estate in accordance with the will

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court admitted the will of the late Mukasa Samuyili to proof after finding it was properly executed and attested. The court granted probate to Namugalu Sarah, the named executor, who had attained majority since the testator's death. The application was allowed on the basis that the will was validly proved and the applicant now possessed full legal capacity to administer the estate.

Outcome

Grant of probate issued to the applicant to administer the estate in accordance with the will

Facts

Namugalu Sarah applied for a grant of probate to administer the estate of the late Mukasa Samuyili. She was named executor in the deceased's will but was a minor at the time of his death and therefore lacked legal capacity to take out probate. She has since attained majority. The original will was produced before court. Mr. Lutaaya Edward, an attesting witness, testified that he witnessed the deceased execute the will and appended his signature. He confirmed that the second attesting witness, Ochiula James, is deceased. The court found the will was properly executed and attested in accordance with the law.

Issues

  1. Whether the will of the late Mukasa Samuyili was properly proved and admissible.
  2. Whether the applicant, having attained majority, is entitled to a grant of probate as the named executor.

Orders

  • The will of the late Mukasa Samuyili is hereby admitted to proof.
  • The application is allowed.
  • Grant of Probate is hereby issued to Namugalu Sarah in respect of the estate of the late Mukasa Samuyili.

Rules and key headnotes

Succession & Estates — Probate — Grant to Executor Named in Will — Executor Who Was Minor at Death of Testator
Where an executor named in a will was a minor at the time of the testator's death and therefore lacked legal capacity to take out probate, the court may grant probate to that executor upon attaining majority, provided the will is properly proved.
Succession & Estates — Wills — Proof of Will — Attestation by Witnesses
A will is properly proved where an attesting witness testifies to having witnessed the testator execute the will and appended his signature in that capacity, even where the second attesting witness is deceased.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Namugalu Sarah v Estate of Late Mukasa Samuyili (Miscellaneous Application 458 of 2025) [2026] UGHC 243 (17 March 2026)
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.